490   MATURITY OF THE POLICY

The company defended on the ground that the insured died while in the military service of the United States in time of war and that this exempted it from liability under the terms of the policy. On December 20, 1916, the American Central Life Insurance Company of Indianapolis, Indiana, issued four policies of life insurance for the sum of $1,000 each to Julius Benham, Jr., payable to his estate. * * *

On February 11, 1918, Julius Benham, Jr., enlisted in the aviation branch of the military service of the United States, at Memphis, Tennessee. Early in June he was on duty at an aviation camp at Dallas, Texas. Subsequently he was sent to Cornell University in the State of New York for special training in the aviation branch of the army and graduated from this course of training on October 5, 1918. He was at once ordered to report to the commanding officer of the concentration camp in Camp Dick, Texas, to await assignment to a. flying school for training. En route to Camp Dick, Ben-ham contracted influenza, and upon his arrival at Dallas, Texas, he was transferred to St. Paul's Hospital, where he died on the 26th day of October, 1918. From the date of his enlistment to the date of his death the United States were at war with Germany and Ben-ham was cohstantly subject to the military authority of the United States. He was buried with military honors at Marianna, Arkansas, where his remains were shipped for interment under a military escort. From the date of the issuance of his policy until his death, Julius Benham, Jr., paid the premiums and complied in all respects with the terms of his policies. Julius Benham, Sr., is the beneficiary under a policy issued to .Julius Benham, Jr., under the War Risk Insurance Act of 1917.

It was proved that influenza was prevalent throughout all of the United States, and that civilians as well as soldiers had it; that it was not confined to any particular locality, nor to any special class of people.

At the request of the defendant the court directed the jury to return a verdict for the plaintiff for only the reserve accumulated under the policy sued on in the sum of $127.06.

Judgment was rendered upon the verdict and the plaintiff has appealed.

HART, J. (after stating the facts). The correctness of the holding of the trial court depends upon the construction to be placed upon the following provision which is contained in each policy sued on:

"Death while engaged in military or naval service in time of war, or in consequence of such service, shall render the company liable for only the reserve under this policy, unless the company's permission to engage in such service shall have been obtained and such extra premium or premiums as the company may require shall have been paid."