Page:Federal Reporter, 1st Series, Volume 2.djvu/422

 tlUONETTI V. rOSTEB. el& �mate in ihe case of the Santee. It is observed, in that case, ihat an actual deliTery from the tackles of the ship upon the cart of the wrong person would make the ship liable. 2. Ben. 525 ; 7 Bl. 188. The evidence does not show any such direct delivery to Blum as that. On the oontrary, the proof is that the goods were landed on the wharf, and afterwards laken away by Blum's draymen. I thiak, therefore, the case is govemed by the case of. the Santee, and that the ship is not responsible, because the goods in question were delivered, within the meaning of the bill of lading, and the consignee» bad full notice to attend, and did, in fact, attend, upon thfr discharge of the vessel to receive their gooda. Libel dicK missed, with costg. ���SiMONETTi ». FosTBR and others. �IDiatriet Court, D. Matsaehtaett». May, 1880.) �Ohastbr-Partt— Gdarantt of Vesskl'b Capacitt.— A charter-party guaranteed the vessel to be able to stow and carry, on the draft of water allowed by the surveyorsof theboardof underwriters, at least 1,000 tons dead weight. A survey indicated that the capaclty to so stow and carry on such draft was but 925 tons. Hdd, that the charterers were not bound to accept and load such vessel. �C. T. e T. H. Russell, for libellant. �a. e J. R. Churchill, for respondents. �Nelson, D. J. This is a libel to recover damages for refus- ing to load a vessel. The libellant is the owner of the Italian bark, Caterina S., and by a charter-party executed between the parties, December 3, 1878, in which she is described as of "619 tons, or thereabouts, register measurement," let the bark to the respondents for a voyage from Boston to a port in the United Kingdom, or on the continent between Havre and Hamburg, both inclusive, for which the respond- ents agreed to pay a lump sum of i£l,050 British sterling. The charter-party recited that the bark was then "in a Med- iterranean port, ready to proceed to Trapani, and there to take a cargo of sait for Boston direct, after discharging which she is to load under this charter," and it contained this clause : ����