Smith v. United States, 292 U.S. 337 (1934)

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Smith v. United States


No. 742


Argued May 9, 1934
Decided May 21, 1934
292 U.S. 337

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

During the time of his first enlistment, a seaman in the Navy applied for and obtained a policy of war risk insurance, executing at the time of his application an authorization for deduction of premiums from his pay. He reenlisted twice and held a certificate of continuous service. Although the authorization for deduction of premiums was never formally revoked, and there was sufficient money due him at the end of each month to meet the premiums, deductions were in fact made only during the first enlistment, and thereafter he accepted all pay that was due him and made no effort to pay the premiums. Held: by his conduct, the insured abandoned the policy, and it was not in force at the time of his death. P. 341.

67 F.2d 412 affirmed.

Certiorari, 291 U.S. 656, to review a judgment which reversed a judgment against the United States in a suit on a policy of war risk insurance.