Page:Federal Reporter, 1st Series, Volume 4.djvu/575

 UABBHALI. V. BIOLEB. 561 �rect, and that a decree must be entered in this conrt in affirmance thereof, and to the same effeot, with the costs of this court to the appellees against the appellant. ���MaeshalIi and othera v. Bigler and others. {District Court, S. D. Nm YorTt. October 28, 1880.) 1. Charter-Paett — New Agrbemknt — Cargo— Febight. �In Admiralty. �Butler, Stillman e TTubhard, for libellants. �Enoch L. Faucher, for defendants. �Choatb, D. J. This la a libel in personam io recover the balance of freight alleged to be due under a charter-party. The charter-party was for the carriage of a full cargo of hewn white-oak timber and plank from Newburgh, on the Hudson, to Mare's island navy yard, California, at the rate of 45 cents per eubic foot, "freight measure," cash, on proper delivery of the cargo at Mare's island, "on presentation of the receipt here of the delivery. " The libel alleges that the cargo consisted of 47,372 feet of timber and 12,742 feet of plank, or a total of 60,114 feet; that the same was duly delivered and the re- ceipt for the same presented as required by the charter-party; that the amount of the freight was $27,051.30, on which there had been paid $25,724.74, leaving due a balance of $1,326.56, for which this suit was brought. �The answer alleges that the cargo consisted of 45,137 3-12 feet of timber, and 12,028 10-12 feet of plank, or a total of 57,166 feet, on which the freight amounted to $25,724.74, which had been fuUy paid. The answer also denies that the libellants had presented any receipt for the delivery of the cargo, which is claimed to be made, by the charter-party, a condition of the payment of the freight. The answer further set np as a separate defence the making of a new agreement between the parties subsequent to the charter-party, whereby the sum of $25,724.74 was agreed upon in full cômpensatic® �v.4,no.6— 36 ����