Page:Federal Reporter, 1st Series, Volume 1.djvu/895

 DENT ». EADMANN. 887 �«ry to the charterer of such draft, accepted by the master, and paying to the charterer the address cotamission and freight brokerage, to reçoive the bills of lading and proceed to sea. The master's draft, when so delivered, is accepted by the charterer as payment of the difference between the charter money and the freight list, and the liability of the master as well as the charterer, upon the charter party, is considered to be settled and ended. �In this instance the vessel, as before stated, completed her loading on December 7th. The excess in the amount of the freight list over and above the charter money which Eadmann had agreed to pay on the safe delivery of the cargo, after deducting the inland freight, was the sum of £355, 19s. 6d. The address commission and freight brokerage amounted to $396.22. But no draft of the master was given or tendered to Eadmann, nor was the bUl for the address commission and freight brokerage paid, because of the service of the attaoh- ment in Dent's suit. The refusai of the master to deliver such draft upon demand occurred after the service of that attachment, but on the same day. On the day foUowing Patterson proceeded to sea in pursuance of the charter-party, but before sailing he swore to the answer to be filed for him as gamishee in Dent's suit, and gave to his own agents, Messrs. Tucker & Co., who, by the way, were at the same time the agents and representatives of Dent in this country, his own draft on himself, to the order of Tucker & Co., for the sum of ae355, 19s. 6d. payable after the arrivai of the Blagden in Hamburg, having previously given his draft for the inland freight of portions of the cargo to the railroad companies entitled to that portion of his freight. This draft of the master given to his agents, and which was for an amount equal to Eadmann's portion of the freight of the Blagden when collected, Messrs. Tucker & Co. indorsed and sold for cash, and caused the proceeds thereof, together with the amount of the address commission and freight brokerage, to be. paid into the registry of this court, in aocordanoe with an understanding had with Patterson before he sailed, and io. the manner horeinbefors describ^. Ihere is a slighjk idjsM^p* ��� �