Kerry

Action on a charter-party by which defendant undertook to carry for plaintiff,.in the bark “Templar,” a cargo of piles from Seattle to San Francisco. Damages are -claimed as resulting from the careless and negligent handling of the piles while being loaded and unloaded, whereby the bark on them became peeled off, thus diminishing their value. Plaintiff had judgment for two thousand three hundred and ninety dollars, from which and from the order denying a new trial defendant appeals. The pleadings are verified.

The complaint alleges that defendant is a corporation, and *566 “as managing owner of the bark ‘Templar’ of San Francisco .... entered into a contract of charter-party with plaintiff, .... whereby it was covenanted and agreed that the said bark ‘Templar’ should be chartered, etc.....That defendant agreed to keep said vessel during said voyage tight, staunch, and well fitted; that she was to receive the said piles and short storage as aforesaid, carry the same and deliver them at the port of San Francisco in good marketable condition and in as good order and condition as they received the same,” etc. The charter-party purports to be “between the Pacific Marine Supply Company…