Page:Federal Reporter, 1st Series, Volume 2.djvu/614

 FEDERAL REFOBTEB. .607 ���MooDY ». FivB HuNDBED Thouband Laths, part of the cargo of the Bchooner Olive. �{District Court, E. D. New York. May 6, 1880.) �Chaetbr-Pabtt — Dkmubrage — AIiL possibib dispatch. — A vessel was loaded with laths, in New Branswick, for New York, under a charter specifying that she was to be loaded "with ail possible dispatch." Bhe was compelled to await her turn for cargo, and was thereby detained flve days, and was also detained by tide, and also at the place of discharge. Suit being brought for the demurrage, MA, that demarrage could b6 allowcd only for the detention in loadiûg, upon the evidence. �A provision of charter- party for loading " with ail possible dispatch" construed. �The case of The Mary B. Tdber approved and foUowed. �A. J. Heath, for libellant. �Wm. W. Goodrich, contra. �Benedict, D. J. This action is brought npon a charter-party of the sehooner Olive, to recover demurrage for the detention of the Bchooner while awaiting her turn at the place of loading; also, for detention after she loaded, caused by low tide, and also for detention at the place of discharge. . The charter was made in St. John. It provides that the vessel shall proceed to Point Wolf, N. B., andthere load from the charterers a full cargo of laths, and, being so loaded, shall proceed therewith to New York and deliver the same. It also provides for a lien upon the cargo for freight and de- murrage, and concludes as foUows: "Cargo to be delivered within reach of the vessel's tackles, with ail possible dispatch, at Point Wolf, and to be taken delivery of in like manner. " This special provision, which is in writing, must, of course, control the general provisions of the printed blank. The con- trary has net been contended. By this provision the char- terers assumed an obligation to designate an unencumbered berth for the loading and discharge of the cargo, (Davis v. Wallace, 3 Clifford, 133; Thatcher y. Boston Gas-Light Co. 2 Lowell, 362,) and to furnish cargo at the place of loading as fast as it might be possible for the vessel to reçoive it. ����