Page:Federal Reporter, 1st Series, Volume 6.djvu/539

 THE HERO. 5a7- mitted tb W. W. Young, who had charge of tiieir dlartering departmerit. It set forth that the bark was "now ai Carta-^ gena, and to -ptoeeed. promptly to Piiiladelphia." Mr. Young examined the charter, and, finding it correct, WTote on iihis initiais, which, according to the System adopted by Peter Wright & Sons, and known to at least one member of • the firin of Hoffman & Meyer, indicated that the charter was iH accordance with the prenons agreement, and might be signed by the firm withbut further eiamination. It was then seut to Hoffman & Meyer, who took it iu perSon to^ New York. Funch, Edye & Go. objected to the words "proceed promptly," and desired to insert the words "to-wit, in about a fortnight." Hoffman & Meyer objected to this, and returned to Philadel- phia without the charter, leasing the matter unsettled; ' ' The next day Funch, Edye & Co., having communioated with the master by cable, telegraphed Hoffman & Meyer that the pro- posed alteration mtist be made, aad requesting them to seo Peter Wright & Sons. Hoffman & Meyer, without complying with this request, telegi*aphed Punch, Edye & Co. that Peter Wright & Sons would' cancel the charter if altered, and to send it unchanged. Nctwi-thstanding this, Punch, Edye & Co. interlined the words "to-wit, in about a fortnight," ahd forwarded the chatter thus altered to Hoffman & Meyer. One of the latter firm, with notice of the alteration, took the char- ter to the office of Peter Wright & Sons, and asked for Mr. Young. The clerk told him that Mr. Young was absent, and asked on what business he ealled. Upon being told that he bad the charter-party of the Hero, the clerk asked him to leave it, which he did without meationing the alteration. The clerk sent it to one of the fii'm of Peter Wright & Sons, {Mr. Neall,) who, seeing Mr. Young's initiais, and not notic- ing the alteration, signed it, and it was then returned to Hoffman & Meyer, who forwatded it to Punch, Edye & Co. A few days later. Peter Wright Sa Sons, upbn receiving copies of the charter, discovered the alteration, and notifled F-uncb Edye & Co. that they would not cairy out the charter Unless the interlined words were erased. This Funoh, Edye & Co. refilsed to do. Upon- the 'arrivai of the bark, Peter Wright &