Ivey v. United States

Fourth Circuit

Ivey v. United States

67 F.2d 204, 1933 U.S. App. LEXIS 4405

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 13, 1933

DocketNo. 3533

StatusPublished

Cited by1 cases

This text of 67 F.2d 204 (Ivey v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ivey v. United States, 67 F.2d 204, 1933 U.S. App. LEXIS 4405 (4th Cir. 1933).

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Opinion

PER CURIAM.

This is an appeal in a war risk insurance case in which verdict was directed for the government. The policy was allowed to lapse for nonpayment of premium in 1919, and the insured died of pulmonary tuberculosis in 1930. The contention of plaintiff is that, at the time of the lapse of the policy, insured was afflicted with tuberculosis. The trouble [205]*205with plaintiff’s ease, however, is that there is nothing in the evidence to show that at that time the disease had reached such stage as to constitute total and permanent disability. This being true, verdict was properly directed for the defendant. U. S. v. Diehl (C. C. A. 4th) 62 F.(2d) 343; U. S. v. Rosborough (C. C. A. 4th) 62 F.(2d) 348; U. S. v. Stack (C. C. A. 4th) 62 F. (2d) 1056; Eggen v. U. S. (C. C. A. 8th) 58 F.(2d) 616, 620. The judgment appealed from will he affirmed. Affirmed.

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PER CURIAM.

This is an appeal in a war risk insurance case in which verdict was directed for the government. The policy was allowed to lapse for nonpayment of premium in 1919, and the insured died of pulmonary tuberculosis in 1930. The contention of plaintiff is that, at the time of the lapse of the policy, insured was afflicted with tuberculosis. The trouble [205]*205with plaintiff’s ease, however, is that there is nothing in the evidence to show that at that time the disease had reached such stage as to constitute total and permanent disability. This being true, verdict was properly directed for the defendant. U. S. v. Diehl (C. C. A. 4th) 62 F.(2d) 343; U. S. v. Rosborough (C. C. A. 4th) 62 F.(2d) 348; U. S. v. Stack (C. C. A. 4th) 62 F. (2d) 1056; Eggen v. U. S. (C. C. A. 8th) 58 F.(2d) 616, 620. The judgment appealed from will he affirmed. Affirmed.

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Bluebook (online)

67 F.2d 204, 1933 U.S. App. LEXIS 4405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivey-v-united-states-ca4-1933.

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