United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Smith v. United States

No. 742

Argued May 9, 1934

Decided May 21, 1934

292 U.S. 337

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

Page 292 U. S. 338

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. 292 U. S. 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.