FOSTER, Circuit Judge.
Plaintiff in error, hereafter called plaintiff, filed suit to recover on a policy of war risk insurance issued to one Charles Martin Root. Demurrers were sustained to various counts and amendments made, until the case narrowed to the ninth count of the amended complaint, the material allegations of which, in substance, are these:
On July 1, 1918, a policy of insurance was issued to Charles Martin Root, who was then in the military service...
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