Page:Federal Reporter, 1st Series, Volume 2.djvu/615

 ■"608 MOODT V. PIVE HUNDBED THOUSAND LATHS. �Sleeper v. Ping, 8 Eep, 257. Any other construction of the phrase "ail possible dispatch" would attach a different mean- ing to the word dispatch from that given to it by the adjudged cases already referred to, and render inoperative a provision inserted in writing, and manifestly intended to be controlling. The obligation created by this special agreement in regard to loading is not affected by any usage at Point Wolf in regard to awaiting a turn. Keen t. Audenried, 5 Ben. 635; Sleeper Y. Ping, 8 Eep. 357. Accordingly, it must be Held that the designation by the charterers of a wharf then occupied by a vessel there beiag loaded by them, whereby the Olive was detained some days before she could corne to the berth so designated, was a violation Of the agreement, and entitles the vessel to be compensated therefor. �In regard to the detention at Point Wolf after the cargo was on board, and which arose from the circumstance that the vessel was tide-bound, no liability can attach therefor to the cargo, the evidence showing that diligence on the part of the vessel after she began to load, in taking on board the cargo and in moving from the wharf, would have prevented her being nipped. �In regard to the detention in New York, it must be held in this case, as in a former one, (The Mary E. Taber, 1 Ben. 105,) apparently approved in Thatcher v. The Boston Gas-Light Go. (2 Lowell, 363,) that it was no violation of the agreement on the part of the consignee to name more than one place of dis- charge for Buch a cargo as this. The contract, while it calls for an unencumbered berth, does not limit the discharge to a single such berth, where the custom is to deliver cargo of this description at several places. Therefore, while I think the custom was pushed to its extreme limit in the designation of three such places of diseharge as Jersey City, Wallabout creek and Gowann's canal, I eannot say, upon the evidence, that the custom was exceeded. The master having accepted the desig- nation made by the consignee, and having proceeded to those places in compliance with that designation, without objection made at the time, eannot now claim demurrage for the time ����