United States v. Barker

This appeal concerns the payment of a liability on a policy of war risk insurance. The facts are agreed on. The soldier, Lewis Walters, was in 1914 lawfully married in Alabama to Maggie Tubb. On July 21, 1918, he married Arkansas Hogan in New York, Maggie being still in life and undivorced. Ten days later he enlisted in the army and took out war risk insurance, stating in his application that Arkansas was his wife and designating her as beneficiary. He was discharged from the army in December, 1918, totally and permanently disabled, and was paid monthly installments on his insurance until his death intestate March 28, 1919. He was then living with Arkansas in New York. Arkansas did not know of the former wife, and in good faith submitted proof of her marriage and was paid installments of insurance amounting to $3,513.06 up to April 30, 1924. The United States then discontinued payments on receipt of intelligible information of Maggies existence and status. One Barker was appointed administrator of Lewis Walters and was paid $5,759.08 as the present value of the remaining installments of insurance. Arkansas meanwhile died. Barker, administrator, contended that he was entitled to have also the installments paid to Arkansas prior to April 30, 1924, and brought suit for them on August 11, 1932. The United States pleaded, among other things, that the payments had been made in good faith at the direction of Lewis Walters and upon his representation that Arkansas was his wife and entitled to them, so that he and his administrator are estopped to assert the contrary and to require payment a second time. A jury having been waived, the District Judge, looking to the innocence and the right of Maggie as the true wife and the fact that she had sought all along, though unintelligibly, to identify herself to the Veterans Bureau, thought the United States had paid Arkansas at their own risk, and gave judgment for the administrator. 3 F. Supp. 545.