Page:Federal Reporter, 1st Series, Volume 1.djvu/894

 886 7EDEBAIi BEPOSTEB. �been given, and it is stoutly contended, in behalf of Eadmann, that the failure on his part to perform the charter of the Croft according to the terms of the charter-party was caused by neglect on the part of the ship-ownera to perform their part of the agreement, and to no fault on his part. But I am of the opinion that the weight of the evidence is in favor of Dent upon this issue, and that Eadmann must be adjudged liable to Dent for the damages arising from the failure to load the Croft according to the terms of the contract that had been entered into between them. It follo-ws, therefore, that Dent is entitled to a decree against Eadmann awarding him damages for a breach of the said charter, the amount to be aseertained by a reference to the commissioner. �The next question in dispute is whether Dent, by means of his attachment served upon Patterson, the master of the Blagden, on the seventh of December, 1877, acquired an interest in the fund in court which entitled him to bave the eame, or any part thereof, applied to the payment of the debt 80 found due him from Eadmann. �The facts material to this branch of the controversy are not in dispute. Eadmann chartered the steamship Blagden for a voyage from New York to Hamburg, and agreed to provide for her a full cargo for the full freight of £2,700, payable in cash on the right delivery of cargo. The charter party pro- vided that bills of lading were to be signed without prejudice to the charter, and contained also the clause, "any difference between amount of charter and freight list to be settled at port of loading, as customary." In pursuanee of this con- tract Eadmann procured a cargo for said vessel from various shippers, for which biUs of lading were issued, at such rates of freight that when the vessel was loaded the amount of the freight list exeeeded the charter money which Eadmann had agreed in the charter-party to pay. Under such circum- stances the custom is for the master of the vessel, before he sails, to draw his draft upon himself to the order of the char- terer for the amount of the difference between the charter money and the freight list, payable some few daya after the arrivai of the ship at the port of destination, and upou deliv* ��� �