Page:Federal Reporter, 1st Series, Volume 7.djvu/499

 AKTOLA V. GILL. 487 �AnTOLA V. GlLL & FiSHBR. {Ctreuit Court, D. MaryUmd. May 21, 1881.) �L Chakter-Partt. �Stipulation that vessel, " now at Oenoa, to proceed witho-ut ddag to Baltimore, to enter upon this charter ; veasel having permission to take cargo of coals as ballast ont." The vessel remained at Genoa 31 days, discharging a cargo of coals, before she began to take in bal- last for the voyage. �HM, that the language implied that there was nothing in the ezisting engagements of the vessel to prevent her entering upon her new contract at once ; that the delay, so far as it concerned the charterers, was, under the stipulation, unreasonable, and that they ■were absolved f rom loading the vessel wben tendered to them. �Antola V. Oill, 5 Fed. Ref. 128, afflrmed. �In Admiralty. Appeal from district court. �A. Stirling, Jr., ioi libellant. �Marshall e Fisher, for respondents. �Waite, Circuit Justice. On the 29th of September, 1879, Antola, the libellant and owner of the Italian bark Padre, through a iirm of ship-brokers in Baltimore, chartered his ves- sel to Gill & Fisher, the respondents, to carry a cargo of grain from Baltimore to some safe port in the United Kingdom, or on the continent between Havre and Hamburg. The charter- party contained the following: "Bark * » * now at Genoa, and to proceed without delay to Baltimore to enter on this charter; vessel having permission to take cargo of coals as ballast out." When the charter was effected the vessel ■was at Genoa. She had arrived on the 23d of September, ■with a cargo of 987 tons pf coal, to be delivered to con- signees at that port. The delivery commenced on the 25th of September, but was not unished until the 30th of October. The vessel then took in sand for ballast, and on the 7th of November sailed for Baltimore. There was no unneces- sary or unusual delay either in putting out the cargo or in getting ready to sail after that was done; under her contract for taking the coal to Genoa the vessel was allowed thirty-five tons a day, working days, to discharge. ��� �