Page:Federal Reporter, 1st Series, Volume 3.djvu/47

 eO FEDKRAL REPORTER. �Gardner, wîth the tnowledge of the other o-wnera, Imcl macla a charter to carry oil to Ancona, and had accordingly loaded his vessel with oil at Philadelphia. He employed one D. S. Stetson, Jr., a ship-broker of Philadelphia, to obtain a char- ter for a return cargo to the United States. Stetson em- ployed W. F. Eager & Co., ship-brokers of Philadelphia, who in turn employed John C. Seager, a ship-broker of New York. �The libellants, John Pew & Son, sait merchants of Glou- ccster, Mass., acting through their correspondents, J. P. & G. C. Eobinson, sait merohantg of New York, agreed with Seager to charter the vessel for a cargo of sait from Trapani, Sicily, to Gloucester. Hager & Co. thereupon wrote a char- ter, obtained captain Gardner's signature to it, and forwarded it to Seager, who gave it to J. P. & G. C. Eobinson, who sent it, on June 26th, to libellants at Gloucester, with a letter stating that they thought the following clause in the charter, viz., "ten running lay days for loading at Trapani, and customary dispatch for discharging at Gloucester," should be altered so as to read, "customary dispatch for loading and discharging," but advising Pew & Son to sign the charter as it was, and authorize J. P. & G. C. Eobinson to subsequently obtain the alteration if possible. Pew & Son thereupon signed the charter without alteration, and returned it J. P. & G. C. Eob- inson, but, owing to misdirection of the envelope, it did not reach J. P. & G. C. Eobinson until June 3d. One of the latter firm then, without the knowledge or authority of libellants, made the alteration in the charter-party which had been pre- viously suggested, so that it read "customary dispatoh for loading and discharging. " �This alteration was made in the presence of a gentleman connected with the house of John C. Seager, to whom J. P. & G. G. Eobinson then delivered the charter. Seager, on July 3d, forwarded it by mail to W. F. Hager & Co., who fur- nished libellants with certified copies. The original remained in the possession of W. P. Hager & Co. until shortly before this suit was brought. In the meantime, about July 2, 1875, Gardner surrendered the command of the vessel, and the other owners appointed P. J. Fritzinger as captain, one of ����