Hartley

On June 20, 1936, Malcolm Hartley, appellee here, filed an action upon a contract of war risk insurance issued him in 1918 while he was a member of the armed forces of the United States engaged in the war against Germany and her allies. He alleged that he became totally and permanently disabled within the period when the policy of insurance was in full force and effect, and prayed judgment in the contract sum of $57.50 for each and every month elapsing *924 from and after July 14, 1919, the date of his discharge, and other relief. Issue was joined and trial had, which terminated in judgment in favor of the plaintiff for the sums prayed. The defendant appeals.

In its first assignment of error the appellant urges that the trial court erred in excluding, upon objection of counsel for plaintiff, a portion of Defendant’s Exhibit No. 3, which was a file of The Adjutant General of the United States Army. This assignment is not well taken for the reason that later in the trial, at the instance of Government counsel, it was “stipulated that Defendant’s Exhibits 3 to 8, inclusive, may be considered as read in their entirety, to-the jury, * * *

The second assignment of error is directed to…