Page:Federal Reporter, 1st Series, Volume 5.djvu/222

 210 FEDERAL REPORTER, �Robert Baldwin, for libellants. �Sebastian Brown, for respondents. �MoERis, D. J. The owners of the British ship Naval Eeserve, 1,831 tons, on February 4, 1880, chartered her to the libel- lants for a voyage from Liverpool, where she then was, to Baltimore, for the lump sum of ^61,212 10s. �The charter-party shows that it was contemplated that the libellants, who were ship-brokers of Liverpool, might not load the vessel themselves, but might procure a cargo to be put on board by other freighters, at a rate which would yield them a profit, and that the consignee of the vessel, in tha,t case, was to collect the whole freight, and they were to receive through him the excess. Accordingly, the charter-party contains these stipulations : "The freight, [that is, the lump sum] to be due and payable, on true deliv- ery of the cargo, in cash, at ourrent rate of exohange for bankers' GO-days' sight bills on London, on date of vessel's entryat custom-house; captain to give bis draft on his consignees, at the port of discharge, in charterer's favor, payable 10 days after ship's arrivai, for any excess of freight as per bills of lading and this charter. Any deficiency be- tween freight and charter tobe paid here in cash, less thrce months' interest and cost of insurance thereon. The charter- ers are not to be held liable for any loss of freight arising from breakage, leakage, drainage, or any other cause beyond their control." �The charterers, who are the libellants, did procure for the ship a full cargo of 1,800 tons of iron ore, known as "purple ore," at the rate of 14rS. 3d. per ton on weight delivered. If 1,800 tons had been delivered the freight thereon would have amounted to about ^70 in excess of the lump sum, and it is to recover this alleged excess of £70 that this suit is instituted. It appears, however, that when the cargo was delivered in Baltimore there was a loss of weight of ibout 120 tons, so that, instead of an excess, the freight actually received by the ship was some £20 less than the lump sum mentioned in the charter. The ship «ncoun- tered on the voyage exceedingly rongh weather, and was ����