Page:Federal Reporter, 1st Series, Volume 3.djvu/46

PEW V. LAOaHLIK. 89 �fore, be a decree în the first case in favor of the libellant, •with an order of reference. A similar decree will be entered in the third case. In the second case the libel will be dis* missed, and ail with costs. ���Pew & Son v. Laughlin.* (District Court, S. D. Pennsylmnia. July 6, 1880.) �1. AdMIKALTT— CHAKTEIR-PaETT— EfpEOT OP MATŒBIAIi AliTBBATIOir.-— �A cbarter-party will be avoided by a material alteration made by one of the contracting parties, without the knowledge or consent of the other, after the paper has been signed by both parties, but before tt has been delivered. �2. Samb— Altbbation bt Aaiarr. — A charter-party signed by the captain �was forwarded to the charterers, who signed it, and sent it to their agent for delivery to the captain's brokers. The agent, without au- thority from the charterers, and without the knowledge of the captain or owners, but with the knowledge of the captain's brokers, made a material alteiation. Edd, that the charterers could not enforce th* charter-party. �8. EviDBNCB — Infeeencb bt WinrEss. — ^The assent of the captain or owners to such alteration Is not sufflciently proved by the testimony of the ship's brokers that, under the circumstances, they must have obtained such consent, although they hare no distinct recoUectiou of so doing. �In Admiralty. �Libel by Pew & Son agaînst Laugblin et al., ownera of the bark Eobert Morrison, to recover damages for breach of a charter-party. The case was twice argued. On the first hearing a question arose as to the sufficiency of the proof of the execution of the charter-party, and Kbellant asked and obtained leave to take additional testimony. On the second hearing the case tnmed upon the effect of an alteration which had been made in the charter-party. The evidence disolosed the foUowing facts: In June, 1875, the vessel was owned by four persons, one of whom, Thomas Gardner, was master of the vessel and sailed her on shares. Prior to June 25, 1875, �•Reported by Frank P. Prichard, Esq., of the Philadelphia Bar. ����