Page:Federal Reporter, 1st Series, Volume 1.djvu/187

 VON LINGBN V. DAVIDSON. 179 �vidson and others, citizens of Great Britain, as appears from the log-book, sailed from Shields on July 9, 1879, with a cargo for Lisbon, arriving there on July 16th. She dis- charged her cargo and sailed thence in ballast on July 23d for Benizaf, on the coast of Morocco, uuder charter for a cargo of iron ore. She passed through the Straits of Gib- raltar on July 25th, and at 4 :30 p. m. on Saturday, July 26th, came to anchor in Benizaf Bay. On Monday, July 28th, she began taking in her cargo of iron ore, and continued taking it in from day to day, and finished at 5 :30 p. m. on August 7th, got under way at 6 :30 p. m,, and sailed for Philadelphia. She stopped some Eve hours at Gibraltar, on August 9th, for coal, and, taking in 45 tons of coal, had a prosperons voyage, arriving at Philadelphia on September 2d. �Messrs. Gregg & Co., ship-brokers of Philadelphia, were, about August Ist, authorized, by cable message from the owners in England, to procure for the "Whickham" a charter to carry grain from the United States on her retum voyage, and they, not finding a desirable charter for her in Philadelphia, authorized Mr. Eareckson, a ship-broker in Baltimore, to look for a charter for her in that eity. Mr. Eareckson's authority was bytelegraph,and represented thevessel as sailed, "or about to sail, " from Benizaf. Messrs. Schumacher & Co., of Balti- more, being under contract to ship a large cargo of grain by steamer during the month of August, had employed Mr. Ford, of Baltimore, a ship-broker, to procure for them a suitable steamer, and he finding steamers for August very scarce, and hearing of the "Whickham," took Mr. Eareckson to theof&ce of Schumacher & Co., and suggested that the "Whickham" would answer their purpose. Schumacher & Co. doubfced if the steamer would arrive in time, and explained that, unless they could load and clear the vessel within the month of August, she would be of no use whatever to tliem. Mr. Eareckson, however, made a calculation to show that the steamer would arrive in time, and Schumacher & Co. agreed to take her. This tvas on August Ist. �A charter-party was prepared by Me^isrs. Gregg & Co., of Philadelphia, and signed on behalf of tiie owners, and sent to ��� �