Tracy

The United States appeals from a judgment against it in favor of Charles Tracy upon an alleged $10,000 war risk insurance contract.

At the time he filed his complaint Tracy was, and for some time prior thereto he had been, suffering from mental disorders and was under guardianship; discrepancies between his pleading and the proofs, which otherwise might be ground for criticism, we are therefore inclined to disregard. From the record as a whole we gather the following facts:

Tracy enlisted in the naval service on April 24,1917. Contrary to the representation he then made, that he had had no prior service in the navy, it turned out that in May, 1907, while in the service under the name of John Gallen, he had deserted from the navy, and in October of the same year, while serving under the name of John Culley, he had again deserted, and that under both enlistments he had received pay and allowances. In a court-martial proceeding upon a charge of fraudulent enlistment he was, on November 23, 1917 (following a plea of guilty), sentenced to be confined for the period of one year, “then to be dishonorably discharged, * * * and to suffer all the other accessories of said sentence as…