Page:Federal Reporter, 1st Series, Volume 2.djvu/616

 FIRST NAT. BANK OF LACON V. BENSLBY. 609 �oceupied in reaching those places. The objection made when the vessel had arrived in Gowann's canal, after having beau to Jersey City, and the libellant was too late to permit the consignee to change the place of discharge, affords no support to the claim now made. Davis v. WaUace, 3 Clifford, 133. �In regard to the alleged delay in receiving the cargo as fast as it could bave been landed at those places of discharge, the evidence fails to satisfy me that any detention arose from such a cause. The claim of the libellant must, therefore, be lim- ited to the detention at Point Wolf, caused by the failure to designate an unencumbered berth. The evidence shows thia to have been five days, and that $20 per day is fair demar- rage. �Decree for libellant for f 100, with interest at 6 per cent., and costs. ���FiEBT National Bank op Lacon ». Benslet and others. (Circuit Court N. D. lUinois., 1880.) �Drapt — Agreembnt to accept — Conditions — MnsT bb complied wiTH.-7Where an agreement was to pay the draft of J. B. & Brp,, with bais of lading attached, hdd, that to make the promissor liable thereoa there must be a literal compliance with the conditions, and tho presen- tation of a draft drawn by A. D. B. & Bro., or one unaccompanied by bill» of lading, was not sufficient compliance, although the names J. B. & Bro. and A, D. B. & Bro., were used by the same flrm interchangeably, and the property rep'resented by the bills of lading to be attached came Into the possession of the promissor. �CONDITIONAX, COHTRACT — ACTION TO BNPORCB — BURDEN OP PrOOP. — �In an action to enforce a special and conditional contract, the burden is �on the plaintiil of showing an actual compliance with the conditiono �imposed. Drapt — Agreement to accept — When must bb presented. — �Where no time is specifled within which a draft agreed to be accepted �shall be presented, it must be presented within a roasonable time. Same — Unreasonabmi Dblat in presentation. — Delay of more than a �year in the proper presentation of a draft agreed to be accepted, is �unreasonable. �Mr. Bacon, for plaintiff. Needham d Miller, for defendants. v.2,no.7— 39 ����