Pae v. Stevens

267 F.2d 449 Raymond PAE, also known as Kealohakalani Liu, Appellant, v. Ruth Lehua STEVENS, Samuel Stevens, also known as Boyd Stevens, and Kam Tai Lee, Treasurer of the Territory of Hawaii, Appellees. No. 16142. United States Court of Appeals Ninth Circuit. March 2, 1959. Rehearing Denied April 6, 1959. Nicholas W. Y. Char, Honolulu, Hawaii, for appellant. Herbert Y. C. Choy, Atty. Gen., Henry H. Shigekane, Asst. Atty. Gen., Territory of Hawaii, Honolulu, Hawaii, for appellee. Before HEALY, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This cause was here upon a previous appeal and was remanded to the Supreme Court of Hawaii upon the specific ground that there was manifest error as matter of law in the affirmance of a finding of the trial court that "the failure to register the age of plaintiff upon the certificate" in a Torrens Act proceeding (Rev.Laws 1955, § 342-1 et seq.) "was due to the negligence of plaintiff himself." 1 Specifically, this Court held there was a failure to apply the principles of the common law, since the negligence of a minor is not conclusive against him in an action upon the contract. Since this was the main ground of the…