United States v. Wallace

Appeal from District Court of the United States for the Western District of Oklahoma; Edgar S. Vaught, Judge.

Murrah

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The plaintiffs (appellees here) recovered judgment on a contract of insurance issued to the deceased, John Byrl Wallace, while in the military service of the United States, based upon proof of total and permanent disability while the contract was in full force and effect. The United States has appealed.

This appeal presents the sole question of whether or not the suit was barred by Section 19 of the World War Veterans' Act of 1924, as amended July 3, 1930, 46 Stat. 992; 38 U.S.C.A. § 445, and involves the precise question of whether or not a certain letter written on behalf of the beneficiaries to the United States Veterans' Bureau on June 26, 1931, in the language of Section 19 "uses words showing an intention to claim insurance benefits." The letter follows:

"Lawrence E. Tryon

County Judge

guymon, Oklahoma

June 26, 1931

United States Veterans Bureau, Oklahoma City, Oklahoma.

Gentlemen:

Please send me at once, several of the following form: 579 in duplicate and forms 535, 535a and 535b.

Thanking you, I remain

Yours very truly, L. ...