Page:Federal Reporter, 1st Series, Volume 1.djvu/627

 O'eOUEKB V. TONS Oï COAli 619 �The furious wind made the navigation particularly danger- ous, especially with the City of Syracuse on a hawser. �Decree for libellant, with costs, and reference to compute damages. ���O'ROURKE V. TWO HUNDReD AND TwENTV-QnE ToNS OS �COAIv. [District Court, 8. D. New T<yrk. April 5, 1880.) �Consignee of Entirb Cargo — Place of Disciiarge — Inaccessible AND Hazardotts Wharf. — The consignee of an entire cargo has no right to designate, as the place of discharge within the port, a wharf which is unreaspnably inconvenient, inaccessible, or extra hazardous to the vessel. �PnrvATB Wharf. — A private wharf is a proper place to discharge a cargo, where it can be used by Etrangers upon the payment of compensation. �Tendbr — Kefusal to Receivb Cargo. — A refusai to receive cargo after due notice, and after the lapse of a reasonable time given the consignee to accept, dispenses with the necessity of a formai tender. �Bill of Labing — Evidence. — Evidence of prier conversations is inad- missible to vary the provisions of a bill of ladiug. �In Admiralty. �E. D. McCarthy, �B. P. Lee, for claimants. �Choate, J. The libellant was the owner and master of the canal boat Mary O'Eourke. On the twelfth day of December, 1877, he received on board of his canal boat 221 tons of coal, shipped by the firm of A. Pardee & Co,, at Perth Amboy, N. J., and signed and delivered a bill of lading therefor, ao- knowledging the shipment of the coal in good order and condition, and promising to deliver the same in like good order and condition "at the port of Hackensack, (the dangers of the sea only excepted,) unto J. H. T. Banta, or to his assigns, he or they paying freight at the rate of 2J cents per ton along- side; captain tending guy." �The same day the libellant's boat, with the coal on board, was towed up the Hackensack river and moored along side of a pier or dock on the west side of the river, a short distance below what is called the "village bridge." In that im ediate ��� �