Page:Federal Reporter, 1st Series, Volume 5.djvu/140

 128 FEDERAL REPORTBB. �AntOLB V. GiLL & FiSHBB. (Dîatriet Court, D. Marylani. January 3, 1881.) �1. Chaeteb-Pabtt.— Stipulation that the vessel then at Genoa Trould �proceed without dday to Baltimore to Joad a cargo of grain, held io be a condition precedent, and that if the vessel did net so proceed th« charterer might refuse to load her. Lowber r. Banga, 2 Wall. 728. �2. Bame. — Under the circumstances of this case, held, that a detention of �the vessel for thirty-one days at Genoa in discharging a cargo of coal, ■which she had on board at the date of the charter-party, released the charterer from obligation to load the vessel under the charter-party. �In Admiralty. �Libel in personamîox breach of cliarly-party. �Archibald Stirling, Jr,, for libellant. �Marshall de Fisher, for respondents. �MoERis, D. J. The libellant is the owner of the Italian bark Padre, 608 tons, and through his agent in Baltimore ohartered her to the respondents, marchants of Baltimore, on the twenty-ninth of September, 1879. �The charter-party was in the usual form of grain charters from the United States to Great Britain, or the continent, and represented the vessel as "now at Genoa, and to proceed without delay to Baltimore, to enter upon this charter, vessel having permission to take cargo of coals as ballast out." �The vessel, at the date of the charter-party, (twenty-ninth of September, 1879,) was at Genoa, having arrived there on the twenty-third of September with a cargo of 987 tons of coal. She commenced discharging this cargo at Genoa on the twenty-fifth of September, discharging it into lighters, as is the custom of that port, and did not finish discharging until the thirtieth of October ; that is to say, thirty-one days after the date of the charter-party. �Her cargo discharged, the vessel proceeded to taie in sand ballast, and, having finished on the fifth of November, sailed for Baltimore on the eeventh of November, and arrived in Baltimore on the fourteenth of January, 1880. She was then duly tendered to the respondents as ready for her cargo ����