Anderson

This was an action to recover on a contract of war risk term insurance. It is alleged in the complaint and admitted in the answer that plaintiff joined the military forces of the United States of America on April 16, 1917, and was honorably discharged from said service on October 24, 1919'; that during said service plaintiff applied for and there was issued to him by the defendant a policy of war risk insurance in the sum of $10,009, by the terms of which defendant agreed to pay plaintiff, in ease of total and permanent disability, the sum of $57.50 per month from the date of the said discharge, and that the premiums were paid thereon to and including June 1, 1926. It is further alleged: “That while serving with said military forces, plaintiff contracted chronic bronchitis common, pulmonary tuberculosis and that by reason thereof was at the time of his discharge and subsequent thereto, and will ever be permanently and totally disabled”; that plaintiff made due proof to the defendant of such disability on *538 June 6, 1931, and demanded a rating to that effect; that defendant disallowed said claim; and that a disagreement exists between defendant and plaintiff as to said claim. The…