Cooke

This is an appeal from a judgment awarding plaintiff $8,517.06, and interest, and defendant $665.77, and interest, out of money due from The Travelers Insurance Company in the principal sum of $10,000 on the life of Stephen B. Cooke, deceased, and authorizing the company to retain the amount borrowed from it on the policy. The action also involved another policy issued by the Atlas Life Insurance Company, but no question is raised by counsel on the disposition of the proceeds from that policy made by the judgment so we will give it no further notice.

Plaintiff has also attempted to appeal from an order denying her motion to terminate the proceedings for preparation of the record on appeal. She now admits that the order is not appealable though seeking to have it reviewed as a part of the case in chief.

Plaintiff and Stephen B. Cooke were married in Honolulu on February 18, 1926. There were three children the issue of this marriage. They came to California in October, 1927, and lived in Bast-San Diego for a time. Stephen was an officer in the United States Navy and was killed in an airplane accident on January 4, 1941.

The couple lived together as husband and wife, with various…