United States v. Butler

Fourth Circuit

United States v. Butler

62 F.2d 1083, 1933 U.S. App. LEXIS 3962

CourtCourt of Appeals for the Fourth Circuit

DecidedJanuary 31, 1933

DocketNo. 3394

StatusPublished

Cited by1 cases

This text of 62 F.2d 1083 (United States v. Butler) 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

United States v. Butler, 62 F.2d 1083, 1933 U.S. App. LEXIS 3962 (4th Cir. 1933).

Pincite

Opinion

PER CURIAM.

This is an appeal in a war risk insurance case, and the only question which need be considered is whether verdict should have been directed for the government. While there is evidence that would warrant the conclusion that plaintiff had tuberculosis at the time of the lapse of his policy for nonpayment of premiums, there is no substantial evidence that at that time the disease was of such, a nature or had reached such a stage that it constituted a total and permanent disability. On the contrary, it appears that the disease was subsequently arrested and remained arrested for a number of years. There is evidence of a substantial work record; and under the authority of U. S. v. Harrison (C. C. A. 4th) 49 F.(2d) 227, and U. S. v. Diehl (C. C. A. 4th) 62 F.(2d) 343, we think that the prayer of the government for a directed verdict should have been granted. The judgment appealed from will accordingly be reversed.

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal in a war risk insurance case, and the only question which need be considered is whether verdict should have been directed for the government. While there is evidence that would warrant the conclusion that plaintiff had tuberculosis at the time of the lapse of his policy for nonpayment of premiums, there is no substantial evidence that at that time the disease was of such, a nature or had reached such a stage that it constituted a total and permanent disability. On the contrary, it appears that the disease was subsequently arrested and remained arrested for a number of years. There is evidence of a substantial work record; and under the authority of U. S. v. Harrison (C. C. A. 4th) 49 F.(2d) 227, and U. S. v. Diehl (C. C. A. 4th) 62 F.(2d) 343, we think that the prayer of the government for a directed verdict should have been granted. The judgment appealed from will accordingly be reversed.

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

62 F.2d 1083, 1933 U.S. App. LEXIS 3962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-butler-ca4-1933.

Opinion

Related

Cite This Page — Counsel Stack