Page:Federal Reporter, 1st Series, Volume 7.djvu/34

 22 rZDSBlL BBPOBTBR. �rekseive 9 per cent, interest on advancea until repaid, and & pet cent, interest on the priee of 'stones, 60 dajs after sbip- ment, until paid. • �It was agreed that all moneys paid by the government nnder the contraots should be paid to Sheldons & Slason under powers of attomeyfrom Bridges. After paying them- selves, compensation for stone, advances and commissions, they were to pay the balance remaining in their hands to Bridges, and until the stone were set in the cemeteries they were to remain the sole and absolate property of Sheldons & Slason. The coutracts were completed in June, 1877. �In June, 1875, a cargo of stone loaded in the schooner Almaretta was lost off the Bahama islands. The cargo was in part loaded on deck. The polioy of insurance was an ordinary marine polioy. No extra premiam had been paid for deck loading. After the loss the insurance company returned the premium and refased to pay any insurance. The cargo was a total loss. Gomplainants claimed the losa should fall on respondents under the eon tract, and respond- ents olaimed the loss should fall on complainant. �The cauise was referred to a master to hear and determine. �The other necessary faots appear in the opinion. �CWmore dt Anderton and Proui a Walker, for orator. �Daniel Robert* and W. H. Smith, tor defendants. �Whkeleb, D. J. Tbis cause bas been heard on the report of the master, evidence returned therewith, exceptions by the> orator and the defendants respectively, and arguments of eounsel. The exceptions, especially those of the defendants, are too numerous to be conveniently treated and understood by their several numbers or in numerioal order. The items, to whioh they apply, so far as separate reference to them i» either necessary or deemed to be proper, are taken up some- what in the order in wbich they are presented by the report; �1. As to the item of f 3,520.83 for indorsing paper and meeting liabilities, presented for allowance by the defend- ants. This item is made up of three sums, severally Offered in writing by the orator to the defendants, for indorsing some and guarantying other of his paper, and furnishing him stone ��� �