Cushman

Upon his application dated February 3, 1932, Government life insurance of $10,000 (policy No. K-916122) was granted to William Reynolds Cushman under § 310 of the World War Veterans’ Act, 1924, as amended, 38 U.S.C.A. § 512a. The policy was issued, on the five-year convertible term plan. It was converted into a twenty-payment life policy on January 1, 1937. The insurance was payable in monthly installments of $57.50 in the event of Cushman’s death or total permanent disability. Asserting that he had become totally arid permanently disabled, Cushman claimed the insurance on February 11, 1939. The Administrator of Veterans’ Affairs denied the claim. Cushman brought an action on the claim against appellant, the United States, under § 19 of the Act, as amended, 38 U.S. C.A. § 445. Appellant answered, jury trial was waived and the case was tried by the court without a jury. Findings of fact and conclusions of law were stated, and judgment was entered in Cushman’s favor. From that judgment this appeal is prosecuted.

There are two specifications of error. 2 The first is that “the trial court erred in denying defendant’s [appellant’s] motion for judgment for the reason that defendant…