Dobbins

This action is .brought by the appellee to recover $1,068.55 theretofore erroneously, paid to appellant upon the assumption that her husband, Frederick Zahn, a member of the Fleet Naval Reserve, who died April 21, 1919, at the United States Naval Hospital at Ft. Lyons, Colo., was insured by war risk insurance. The contention of,the government was that Frederick Zahn was not in the active service and consequently was not insured by the government at the timo of his death. The appellant filed a counterclaim, or cross-complaint, wherein she alleged that her deceased husband had been issued a war risk insurance policy for $10,000 and that by reason of his death she was entitled to collect the balance of the insurance in installments as therein provided. Upon the trial the government withdrew its claim against *888 the appellant in pursuance of the authority-vested in the Director of the United States Veterans Bureau (38 USCA § 453) and waived the recovery of the payments theretofore made by the government to the appellant. ' A jury was waived by written stipulation of the parties, and the trial court filed findings of fact wherein it was found, among other things, that the decedent…