(DOWNLOAD) "Burns v. United States." by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Burns v. United States.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 09, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This appeal is from a judgment, dismissing a petition to recover upon a policy of war risk insurance upon summary motion made on affidavit. The petition, filed April 25, 1936, alleged that Burns, the plaintiffs intestate, had enlisted in the regular army of the United States and had been mustered out on April 10, 1919; that while in the service, a policy of war risk insurance was issued to him upon which he paid all premiums falling due throughout the month of April, 1919; and that from the date of his discharge until his death on October 8, 1923, he was permanently and totally disabled. The affidavit supporting the motion to dismiss stated that the file of the Veterans Administration disclosed a letter mailed by the plaintiff to the Administration on November 3, 1923, and an answer of the Administration to the plaintiff, dated December 15, 1923, both of which were attached to the affidavit, and are reproduced in the margin. Also that on May 12, 1933, the plaintiff filed a second claim which was denied by the "Insurance Claims Council" of the Veterans Administration on October 1, 1934, and that this denial was "affirmed" by the Veterans Administration on May 26, 1936. Although both the petition and the affidavit state conclusions supposed to flow from the foregoing, no other facts can be found in the record. We assume, however, that the statement in the opinion below is to be accepted that between December 15, 1923 and May 12, 1933, the plaintiff did nothing whatever.
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