Page:Federal Reporter, 1st Series, Volume 2.djvu/60

EIMBALIi r. TTIDOS CO. 53 �be ready August 13th, and asked if ehe was to load next after the vessel which should be loading when she was ready. �August 9th, Mr. Kiœball wrote that he had been to Wis- casset, and heard from Mr. Sullivan, the defendants' agent there, that the Norwegian was to be loaded immediately, and asked whether the Eclipse was to foUow the Norwegian, add- ing : " We are ready now to go to Wiscasset any day." He received no answer to either of his letters. �Mr. Kimball went to Wiscasset on the thirteenth of August, and found the Norwegian loading, and the Cheesborough lying in port, waiting her tum. He went to Boston again on the 15th, and asked the agents of the defendants whether his ship was to foUow the Norwegian, and received no definite answer. August 16th, he wrote that the ship would go to "Wiscasset on the next day to load, "as per agreement," and demanded that it should have the berth next after the Norwe- gian. August 16th, the Eclipse received her register, and on Saturday, the I7th, was towed to Wiscasset, and arrived there between 3 and 4 o'clock in the afternoon. The Nor- wegian was then loaded and about to haul out of the berth, and the Cheesborough had made fast a line to the wharf, in preparation for hauling in. �The Cheesborough was loaded before the Eclipse. Work on the latter was begun on Monday, August 26th, and finished Wednesday, September 4th, in which time 2,236 tons of ice were put on board. The crew were engaged in Boston, and did not arrive at Wiscasset until Saturday, the 7th, on which day the vessel sailed. The captain, first mate and cook were on board during the loading. Severalletters were writ- ten by the plaintiffs, claiming demurrage, and by the defend- ants, denying the claim. �The defendant? testified that they had more than 100 men sent from Boston to load their ships at Wiscasset, and that the Eclipse was loaded with great dispatch; that there was but one berth at which a vessel could load. �E. H. Kimball, for plaintiffs. �H. W. Paine and R. D. Sviiih, for defendants. �LowELL, J. This case was submitted to me without a jury, ����