Meisner v. United States, 5367.

• Citation: 295 F. 866
• Decision Date: 28 February 1924
• Docket Number: 5367.
• Parties: MEISNER v. UNITED STATES.
• Court: U.S. District Court — Western District of Missouri

295 F. 866

MEISNER v. UNITED STATES.

No. 5367.

United States District Court, W.D. Missouri, Western Division.

February 28, 1924

George B. Reinhardt, of Kansas City, Mo., for plaintiff.

C. C Madison, U.S. Atty., and H. L. Donnelly, Asst. U.S. Atty both of Kansas City, Mo., and John M. George, Atty. U.S Veteran's Bureau, of Washington, D.C.

VAN VALKENBURGH, District Judge.

This is a suit to recover on a policy of war risk insurance. The plaintiff is the beneficiary named by the deceased soldier Robert R. Parks. The case was tried in part upon an agreed statement of facts, which, in so far as is material to this discussion, contains the following recitals:

Robert R. Parks was born May 4, 1890. In the month of November 1914, Mr. and Mrs. Henry Grafke were engaged in farming near Kansas City, in the state of Kansas. The plaintiff is their daughter, and resided with her parents prior to November, 1914, up to and including June, 1918, and thereafter. In the month of November, 1914, the said Robert R. Parks came to the home of Mr. and Mrs. Grafke, and while there he worked about the farm, but received no stipulated compensation for his services; that from November, 1914, to April 10, 1917, he remained continuously with Mr. and Mrs. Grafke and worked about the farm, without any agreement for wages or any other compensation for his services. He ate at the same table with the other members of the family. He was never married, had no living parents, brothers, or sisters, or any living relatives by blood, known to him during said period. He entered the military service of the United States in the city of Chicago, Ill., on April 18, 1917. January 18, 1918, he executed his application for insurance in the sum of $10,000, naming the plaintiff his sole beneficiary, and describing her in said application as his cousin. The policy was subsequently issued as of that date. Robert R. Parks lost his life on June 6, 1918, during an air raid in France, while he was in the military service of the United States. All of the premiums due the United States on said insurance policy were paid in full up to the time of his death.

In addition thereto at the trial the recital of facts in the petition was admitted as part of the agreed facts submitted to the court. These recitals are as follows:

'Plaintiff states that in November, 1914, Robert R. Parks, sick, friendless, and penniless, wandered into the farm home of Mr. and Mrs. Grafke, near Kansas City, in the state of Kansas, who are the father and mother of the plaintiff, and applied for shelter and medical attention; that he was given medical attention, food, and lodging, and recovered from his illness. Plaintiff further says that upon his recovery Robert R. Parks continued to live with her father, mother, and herself; that he was considered a member of their family; that Robert R. Parks referred to and so treated and considered Mr. and Mrs. Henry Grafke as his father and mother, and treated and considered plaintiff, then Christine Grafke, as his sister, and that plaintiff, in turn, considered, treated, and referred to Robert R. Parks as her brother, and her father and mother treated, considered, and spoke of him as their son; that at no time did any agreement, express or implied, exist between Robert R. Parks and Mr. and Mrs. Grafke as to any remuneration for his services rendered by him on the farm of Mr. and Mrs. Henry Grafke; that said Parks worked about the farm as would a son of the Grafkes, and he was given what he needed or asked for in the way of clothing, necessaries, and spending money; that in all respects he was treated and considered as a son of Mr. and Mrs. Grafke, and as a brother of Christine Meisner; that the said relations existed from November, 1914, until April, 1917; that said Parks was never married, had no living parents, sisters, or brothers, nor any relatives known to him, during said period.'

Plaintiff claims under subdivisions 4a and 5a of the amendment to section 22 of the War Risk Insurance Act, approved December 24, 1919 (41 Stat. 371 (Comp. St. Ann. Supp. 1923, Sec. 514mmm)), which read as follows:

'(4a) The terms 'father' and 'mother' include stepfathers and stepmothers, fathers and mothers through adoption, and persons who have stood in loco parentis to a member of the military or naval forces at any time prior to his enlistment or induction for a period of not less than one year: Provided, that this subdivision shall be deemed to be in effect as of October 6, 1917.'

'(5a) The terms 'brother' and 'sister' include the children of a person who, for a period of not less than one year, stood in loco parentis to a member of the military or naval forces of the United States at any time prior to his enlistment or induction, or

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