Galloway

Joseph Galloway entered the United States Army in November, 1917, and was honorably discharged April 29, 1919. On or about February 1, 1918, Galloway applied for, and was granted, a policy of war risk insurance in the face amount of $10,-000, on which he paid the premiums to include the month of April, 1919, and which finally lapsed for non-payment of premium on May 31, 1919. On February 11, 1932, Freda Galloway, wife of Joseph Galloway, was granted letters of guardianship over the person and estate of Joseph Galloway by the Superior Court of the State of California. Claim for insurance benefits was made to the Veterans Administration in June, 1934, and was denied. Joseph Galloway, by his guardian, filed action in the court below alleging that while in the service of defendant the plaintiff contracted “injuries, diseases and disabilities,” which have rendered him unable to follow continuously any substantial occupation and that such condition reasonably is certain to continue throughout plaintiffs lifetime. He prayed judgment for the monthly installment benefits in accordance with the terms of the contract. The defendant’s answer denied the essential allegations of the complaint;…