Page:Federal Reporter, 1st Series, Volume 5.djvu/143

 BUOEB V. SEOE. 131 �EUGBB V. EeOK.* �(Œreuit Court, E. B. Pennsyhania. October 28, 1880.) �1. Chabteb Partt — OoNSTUUCTioir — Guabantied Tonnage — Dbfi- ciKNCT — No Allowascb whbeb Stipulated Caboo is Less thah AcTUAL ToNNAGB. — A vessel guarantied to have a capacity of 1,250 tons was chartered to carry a cargo of petroleum, etc., to Leghom, and to bring home marble in blocks, " the latter, if any shipped, not to be more than 600 tons," with sufflcient rags for dunnage. The vessel proved to have a capacity of only 1,085 tona, and an allowance weih made upoa the sum paid for the outward voyage. On the retum voyage the charterer f urnisbed only a cargo of 600 tons of marble and 120 tons of light cargo. Ildd, that as the stipulated retum cargo was only 600 tons of marble, no allowance could be clainied by the char- terer for the deficiency in the vessel's tonnage, and that this provision . as to the size of the retum cargo could not be overcome by proof that vesaels loaded with marble always carried light cargo also, and that the quantity of marble was named because insurers objected to vea- sels carrying more than three-f oarths of the cargo in marble. �In Admiralty. �Appeal from a decree of the district court dismissing a libel filed by Euger Bros. & Co. against P. Eeck, owner of the bark Sebastian Bach. The facts were as foUows: �Libellants chartered the bark for a voyage from Philadel- phia to Leghorn and return, with the privilege of reoharter- ing her. �The charter contained a guaranty that the vessel would carry 1,250 tons, and also contained the following stipula- tions : �"The said party of the second part doth engage to provide and furnish to the said vessel a fuU and convenient cargo of Buch lawful mercbandise, as the charterers may require, for the voyage out, refined petroleum ^^^ rosin "g"/ pitch ""^ tallow *5? tobacco and home, marble in blocks, the �or or ' ' �latter, if any shipped, not to be more than 600, say, six hundred tons of twenty-five cubio Genoese palms each, cus- tomary mercantile Carrara measurement. If any piece of marble exceeds five tons, ail extra expense for loading and discharging same to be paid by the party of the second ����
 * Reported by Frank P. Prichard, Esq., of the Pbiladelphia bar.