Kims

This is an appeal from a judgment for plaintiff in an action upon a war risk term insurance policy.

Plaintiff (original name Jonas Kaminskis) was received in the United States Army Juno 2, 1918, and was honorably discharged June 16, 1919. On June 4, 1918,'he- applied for and was granted insurance in the amount of $10,000, and paid premiums thereon to include the month of June, 19191. The policy lapsed on July 31, 1919, unless, as alleged, plaintiff became permanently and totally disabled prior to that date.

Permanent and total disability is claimed by reason of auto-intoxication, intestinal acute; gastric ulcers, severe; and intestinal adhesions.

. In the year 1914 plaintiff had an abdominal operation. Plaintiff testified that at the time of his examination byl the Draft Board he complained of his stomach,-and stated that he had previously been treated for a tumor. He further testified that during his service he had some discomfort and pain in the stomach region; that he was on sick call a number of times; that he was given C. C. pills for constipation, and his stomach was painted with iodine; that, he said, “was the biggest part of my treatment”; that when on sick call he was”…