Bank of Hawaii v. Char

Upon the filing of our opinion reported on page 17, ante, appellants presented their petition for rehearing predicated on our statement in reference to their contention that they were discharged as endorsers by reason of diversion of security by the bank.

That contention was not made in the circuit court. It appeared for the first time in appellant’s opening brief on appeal. Appellants do not complain about our disposition of the points on which they relied in the circuit court. Because the contention was not made in the circuit court, the bank moved that it be stricken from the brief. We…