Page:Federal Reporter, 1st Series, Volume 10.djvu/791

 TBZO V, PEBKINS. i'^^*' �Irzo V. Perkins and others. {District Court, S. B. New York. November 14, 1881.) �1. BniPPiNa— Delivekt op Cargo— Usages of Port. �It is the duty of the vessel to make delivery of cargo, and where the bill of lading is silent as to the particular place and mode of delivery, it must be made according to the usages and regulations of the port, or the arrangements made with the consignee. �2. Dbmubbage. �Where, on the arrivai of a vessel, an arrangement was entered into between the ship's agent and the respondents, consignees of a part of the cargo, that the vessel should go to a particular doclc, and that such part of ithe cargo phould be delivered in lighters to be sent by the respondents to receive it, held, that such an arrangement, so long as it is unrevolced and is acted on by either, is binding upon the other, and as the vessel, upon the faith of such arrangement, •went to the dock agreed upon and walted for lighters to be sent by the re- spondents, the latter are estopped to deny that the deteniion was by their procurement and for their benefit, and that they are liable for demurrage. �8. SAME — COSTS, ■WHEN NOT ALLOWED. �Where the claim of the libellant was in part upon a basis not sustained, and another portion of it was abandoned, costs were not allowed. �In Admiralty. �Beebe, Wilcox e Hohhs, for libellant. �Olin, Rives e Montgomery, for respondents. �Brown, D. J. This is a libel in personam to reeover damages in the nature of demurrage for the detention of the bark Eoma in the delivery of 300 tons of iron consigned to the respondents at this port. �The iron was shipped at Marseilles, under the usual bill of lading, to be delivered to the respondents on payment of freight, with no special clause in reference to demurrage or mode of delivery. The cargo of the Koma was a mixed cargo, consigned to six different consignees. The portion consigned to the respondents was in the bottom of the hold. It was the greatest in weight, but not in bulk, of any o£ the different consignments, though it formed less than a major part of the cargo. �It appeared in evidence that there are but comparatively few wharves at this port where large quantities of iron will be received, for want of sufflcient strength and solidity to bear its great weight, and that for this reason, as well as for greater economy in handling, iron is very frequently unladen in light- ers. The Roma arrived in the lower bay on the tenth of November, 1879. On the same day the agent of the vessel called on the respondents, and inquired if they were going to take their iron on lighters, telling them, at the same tirae, that the other consignees had consented to the vessel going to the Atlantic dock, and askiiig if they had any objections. The respondent's ship- ��� �