Queen Insurance Company of America, a Corporation v. Ivan W. Larson and Elwood W. Buck, Doing Business as Larson & Buck Glass Company

On May 12, 1958, in the Circuit Court for the First Circuit of the Territory of Hawaii, plaintiffs, Ivan W. Larson and Elwood W. Buck, citizens of Hawaii, doing business as Larson & Buck Glass Company, brought an action against defendant, Queen Insurance Company of America, a New York corporation, thereby seeking to recover of defendant $16,-331.91, with interest and costs. On petition of defendant, the action was removed to the United States District Court for the District of Hawaii. There defendant answered, a pre-trial conference was held, and a pre-trial order was made and entered. So far as pertinent here, that order was as follows:

There was a jury trial at which evidence was adduced by plaintiffs and defendants. The jury returned a special verdict reading as follows:

Thereafter the District Court, sitting without a jury, heard further evidence and entered a judgment for plaintiffs for $15,896.06, with interest and costs. Defendant has appealed.

Sixteen alleged errors are specified. Specification 1 relates to the admission of testimony of Edgar A. Kudlich to the effect that it was Kudlich’s idea that plaintiffs purchase the policy, including the endorsement mentioned…