Personius

The sole point involved in this appeal is whether or not the lower court erred in sustaining a general and special demurrer to the eomplaint.

■ This, in turn, involves the single question as to whether or not a veteran can recover under war risk insurance certificates if his eom-plaint alleges that “he was totally and permanently disabled from October 31,1918, until January 1,1929"; but fails to allege that he was totally and permanently disabled the time he brought suit, namely, on December 10, 1931.

The eomplaint sets forth that the appellant served in the United States Army from June 16, 1918, to February 27, 1920; that while in the service he applied for two policies of war risk insurance for $5,000 each; that a certificate of war risk insurance was issued under each application, by the terms whereof the appellee agreed to pay to the appellant $28.75 a month in the event that he suffered total and permanent disability; and that: “ * * * While this plaintiff was in the military service of the United States as aforesaid -and during the World War, and subsequent to the effective date of said insur *647 anee, and while said policy [policies] was [were] in full force and effect,…