United States v. Fitzpatrick

Fitzpatrick brought this action against the United States to recover on a policy of war risk insurance. Trial by jury was waived and the action tried by the court. At the conclusion of the evidence, each party moved for judgment and requested special findings of fact and conclusions of law. The court found that Fitzpatrick was discharged from the Army on April 16, 1919, that at the time of discharge he was permanently and totally disabled within the meaning of the World War Veterans Act 1924, as amended (see 38 USCA § 421 et seq.), and that his policy of insurance was in full force and effect at such time.