FOSTER, Circuit Judge.
Appellant, Mrs. Mabel P. Egan, as committee of her husband, John G. Egan, brought this suit on January 20, 1932, to recover five annual disability payments of $1,000 each with interest, penalties, and attorney's fees under a policy of life insurance issued to him on September 22, 1913, in the amount of $10,000 by appellee, the New York Life Insurance Company. The suit was dismissed on demurrer. This appeal followed.
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