Page:Federal Reporter, 1st Series, Volume 6.djvu/541

 THE HEBO. 529 �Not a Word was said to Mr, Neall, or any one connected with the respondents, on the subject. The paper was taken to tbeir place by Meyer, without any allusion being made to the alteration, and Mr. Neall, seeing the examination mark of Mr. Young, signed it at onee, without reading, as Hoffman & Meyer knew he would. Thus it plainly appears that a fraud was practiced in obtaining the respondents' name, and that Hoffman & Meyer practiced it. �Upon whom should the consequences f ail ? If Hoffman & Meyer were the respondents' agents, or were not the libel- lant's, the latter must not suffer for their unfaithfulness. Whom did Hoffman & Meyer represent ? Mr. Young, whose duty, as an employe of the respondents, it ia to charter ves- sels, says, "Hoffman & Meyer called and asked fOr a.bid for the 'Hero;' " that "Peter Wright & Sons did not ask Hoff- man & Meyer to procure them tonnage;" but that the latter asked the former to make a bid for the vessel, and they did so. Mr. Neall says "the vessel was brought to the attention of Peter Wright & Sons by Hoffman & Meyer, who advised us they had the vessel from Funch, Edye & Co." It is thus rendered quite plain, (for there is no contradiction of this testimony,) that the respondents did not employ Hoffman & Meyer, or regard them as interested in their behalf. Mr. Meyer, who was called as a witness by the libellant, (and would seem to be interested in sustaining the charter,) says "Funch, Edye & Co. gave us, Hoffman & Meyer, the 'Hero' to get a charter-party for, in this city. We then applied to Peter Wright & Sons for an offer, and had several interviews with them, the substance of which we communicated.to our principals, Funch, Edye & Co., before an understanding was reached." This corresponds with the testimony of Messrs. Young and Neall, to the estent they go. It reaches further, however, and proves, if believed, not only that they were not the agents of Peter Wright & Sons, but were the agents of the ship. The testimony of Meyer is corroborated by the oorrespondence between Funch, Edye & Co. and Hoff- man & Meyer, — the letters and telegrams, most, if not all, of which contain evidence that Hoffman & Meyer represented �v.6,no.5— 34 ��� �