Page:Federal Reporter, 1st Series, Volume 6.djvu/538

 S26 FSSDEBAL BSPOBTES. �man on board, with the object of anticipating and supplant- ing the master, shall entitle him to a ghare of the property ■whioh is subsequently recovered by the unaided efforts of its owner. �The libel must be dismisscd, with costs. ���The Hbbo.* �{jyistriet Court, W. D. Pennsylvania. March 23, 1881.) �1. Charteb-Pabtt— OBiArNiiTG Si&NATUKE BT Fbaud— Brokeb whbn Agent of onb Pabtt Alonb. �F., a ship-broker in New York, sent to H., a sMp-broker in Pliila- delphia, the nam^ Of a yessel open to charter in case U. could obtain any proposais. H. obtained an offer from P. W. & Sons, which -«va» accepted. The charter was drawn in P. W. & Sons' office, and marked by the employe in charge of their ehartering department with his initiais, w'hich, according to a System adopted by'P. W, & Bons, and known to H., indicated to P. W. & Sons that the charter was correct and might be signed without further examination. The charter was forwarded to P., who, after altering it by an interlineation, signed it and returned it toH., who lef t it at the office of P. W. & Sons without mentioning the alteration. P, "W. & Sons signed it without noticing the alteration, and sent it to H,, but shortly afterwards, discovering the fr'aud, rescinded the contract. HM, that H', was not the agent of P. W. & Sons, but of the shlp, and that P. W. & Bons were not llable oh their charter-party. �Libel by the master of the bark Hero against Peter Wright & Sons to j;ecover damages for an alleged breach of charter- party. The testimony disclosed the following facts : Funch, Edye & Co., ship-brokers of New York, sent to Hoffman & Meyer, ship-brokers of Philadelphia, the name of the bark Hero (then at Cartagena) as ^a vessel open to charter in case Hoffman & Meyer conld qbtain any proposais. Hoffman & Meyer obtained ah offer from Peter Wright & Sons, of Phil- adelphia, which was accepted. The charter was then drawn by a clerk in the employ of Peter Wright & Sons and sub- �*Reported by Frank P. ;Priehardj Esq., of the Philadelphia bar. ��� �