TIREY, Justice.
Plaintiff brought his suit to recover death benefits payable under the terms of an insurance contract for the death of his son. The cause was submitted to the Court on an agreed statement. The Court entered a take-nothing judgment against plaintiff, and he excepted and perfected his appeal to this Court. The judgment is assailed on two grounds. They are substantially to the effect that the Court erred:
(1) In failing to render judgment against...
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