United States v. Biggs

Sixth Circuit

United States v. Biggs

86 F.2d 1016, 1937 U.S. App. LEXIS 4878

CourtCourt of Appeals for the Sixth Circuit

DecidedJanuary 7, 1937

DocketNo. 7043

StatusPublished

This text of 86 F.2d 1016 (United States v. Biggs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Biggs, 86 F.2d 1016, 1937 U.S. App. LEXIS 4878 (6th Cir. 1937).

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Opinion

SIMONS, Circuit Judge.

Upon consideration of the oral argument of the appellant in the above cause and the briefs and record filed therein, and it appearing that the action was upon a war risk insurance contract which lapsed for failure to pay premiums on May 31, 1919, and that suit was begun on May 2, 1932, and it further appearing that there was no substantial evidence submitted on behalf of the insured tending to show total and permanent disability during the life of the policy, and that the District Court was in error in overruling a motion for directed verdict at the close of all the evidence,

It is hereby ordered upon the authority of Lumbra v. United States, 290 U.S. 551, 54 S.Ct. 272, 78 L.Ed. 492; United States v. Spaulding, 293 U.S. 498, 55 S.Ct. 273, 79 L.Ed. 617; United States v. Hodges, 74 F.(2d) 617 (C.C.A.6); and United States v. Gwin, 68 F.(2d) 124 (C.C.A.6), that the judgment entered in the said cause be, and it is hereby, reversed.

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SIMONS, Circuit Judge.

Upon consideration of the oral argument of the appellant in the above cause and the briefs and record filed therein, and it appearing that the action was upon a war risk insurance contract which lapsed for failure to pay premiums on May 31, 1919, and that suit was begun on May 2, 1932, and it further appearing that there was no substantial evidence submitted on behalf of the insured tending to show total and permanent disability during the life of the policy, and that the District Court was in error in overruling a motion for directed verdict at the close of all the evidence,

It is hereby ordered upon the authority of Lumbra v. United States, 290 U.S. 551, 54 S.Ct. 272, 78 L.Ed. 492; United States v. Spaulding, 293 U.S. 498, 55 S.Ct. 273, 79 L.Ed. 617; United States v. Hodges, 74 F.(2d) 617 (C.C.A.6); and United States v. Gwin, 68 F.(2d) 124 (C.C.A.6), that the judgment entered in the said cause be, and it is hereby, reversed.

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Bluebook (online)

86 F.2d 1016, 1937 U.S. App. LEXIS 4878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-biggs-ca6-1937.

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