Jorgensen

This is an appeal from a judgment on a verdict in favor of plaintiff-appellee in an action on a war risk insurance policy issued to appellee at the time of his enlistment in the military service of the United States in May, 1918. Appellee was honorably discharged in May, 1919, and the policy lapsed for nonpayment of premium on June 30, 1919. At the time of his discharge, appellee stated that he claimed no disability. He alleged in his complaint that he became totally and permanent- • ly disabled while the policy was in force, by reason of having been gassed, and having contracted dysentery, gastric and duodenal ulcers.

Following his discharge from the army, appellee applied for and there were issued to him three life insurance policies, and in the applications therefor he stated that he had never suffered from any ailment or disease of the stomach or intestines, or from any other ailment or disease, while on the trial he contended that his health had been impaired and he had been rendered totally and permanently disabled by reason of having contracted ulcers of the stomach while in the service.

We consider it unnecessary to discuss the facts and circumstances in connection with…