
    Case No. 4,345.
    The ELI WHITNEY.
    [1 Blatchf. 360.] 
    
    Circuit Court, S. D. New York.
    Oct. Term, 1848.
    
    
      
       [Reported by Samuel Blatchford, Esq., and here reprinted by permission.]
    
    
      
       [Affirming Case No. 792a.]
    
   THE COURT

held that parol evidence was inadmissible to enlarge or vary the terms of the charter-party, there being no stipulation in it as to the precise amount of cargo to be carried, and that, in the case of a charter-party, a suit in rem was not maintainable for the misrepresentation or concealment of facts by the master or owner of a vessel in respect to her tonnage or capacity.

Decree affirmed.  