This section contains the nature of the case and procedural background.

During WWII Lewis Cudd went missing and was presumed dead. Pilot life (P) had issued a $1000 policy on Cudd and paid that sum after Cudd (D) submitted the proper paperwork supplied by the Navy Department. On October 8, 1945, the Maritime War Emergency Board issued a correction to the Certificate of Presumptive Death in that Lewis was found to be alive. P’s agent called on D and asked for a refund of the monies.

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