HALVERSON v. UNITED STATES

No. 7453.

121 F.2d 420 (1941)

HALVERSON v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied August 4, 1941.


Attorney(s) appearing for the Case

Frank A. McCarthy and John E. Toomey, both of Chicago, Ill., for appellant.

J. Albert Woll, U. S. Atty., of Chicago, Ill., Julius C. Martin, Asst. Atty. Gen., and Fendall Marbury, of Washington, D.C., for appellee.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

This appeal from a judgment in favor of the Government in a suit on a policy of war risk insurance presents two questions: (1) Whether the facts show that the insured obtained reinstatement of his policy by fraudulent misrepresentation; and (2) whether the Government is estopped from setting up that fraud as a defense to the suit, having collected premiums for some years after it received notice of the facts upon which the defense is based....

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