Page:Federal Reporter, 1st Series, Volume 6.djvu/745

 babge no. 6. 733 �had taken possession of the beat, and upon Hogan's reiease the latter filed the present libel. Libellant alleged that at the time of the sinking of the boat there had been some con- troversy as to who should pay for the repairs, which had been settled by an agreement that Holeman should pay them, but should re-imburse himself by retaining from the sum agreed to be paid to Hogan for her use $16 per week, until the amount of the bill was repaid, and should in the meanwhile hold the title to the boat as collateral security ; that libellant was an illiterate man; that the bill of sale had not been read to him, but that he supposed it contained the agreement pre- viously made ; and that the amount of the repairs had now been fully repaid to Holeman by the retention of the weekly sums stipulated for. Eespondent, on the other hand, alleged that Hogan, being unable to pay for the repairs, and fearing a forced sale of the boat, requested a loan of the money from Holeman, and, on this being refused, agreed to sell the boat to Holeman for $500 — out of which $400 was to be paid for the repairs and $100 to Hogan; that the bill of sale was there- upon executed by Hogan, after having been read to him, and that the $100 was subsequently paid; that Holeman continued to employ Hogan at a salary of $10 per week until Septem- ber, 1880, when he was discharged. The subscribing wit- nesses were called, but testified that the paper was not read in their presence, nor did they know its contents. There was no direct testimony as to the agreement of the parties, on the execution of the bill of sale, other than that of the parties themselves, but varions collateral evidence was offered for the purpose of contradicting or corroborating the respective allegations. �A. C. Selden and Curtis Tilton, for libellant. �Walter G. Smith and Francis Bawle, for respondent. �Butler, D. J. Eespondent exhibits a bill of sale from libellant, and claims title to the boat under it. Libellant says his signature to the paper was obtained through f raud ; that he is illiterate, unable to read writing, and the paper was not read to him; that he and respondent had a contract ��� �