Page:Federal Reporter, 1st Series, Volume 1.djvu/195

PIEST HATIONA.L BANK ». STAUFFEB. 187 �or the arrivai of the vessel, the charterer was held to be absolved. �It was also urged on behalf of Schumacher & Co. that, as the charter-party represented that the steamer was in every way fitted for the voyage, it was a breach of the contract for her to stop at Gibraltar for coal. By the ship's log it appears that her stop there did not exceed five hours, and was solely for the purpose of taking in a small additional quantity of coal. Gibraltar was not ont of her course; she must of necessity pass in proximity to it — ^it is a well-known coaling station for steamers — and I think it entirely too harsh a construction to hold that a steamer stopping so short a time and under such circumstances is a deviation, and was not proceeding with ail convenient speed to Philadelphia. �The conclusion to whieh I have arrived is that Schumacher & Co. were not released from their obligation to load the ves- sel when she was tendered to them, and that they are liable to the owners for the damages resulting from their refusai so to do. ���The Fiest National Bank of Uniontown v. Stauffeb. �(Circuit Court, W. B. Pennaylvania. February 13, 1880.) �National Bank— Usurt— Rev. St. { 5198.— The reccipt by a national bank of anusurioua rate of interest upon the discount of a note works a forfeiture of such interest as would otherwise have accrued after the maturity of the note. �Motion for a new trial in an action upon a promissory note agaiust an accomodation indorser. �J. M. Stoner, for plaintiff. �T. C. Lazear, for defendant. �McKennan, J. This case was tried before the late Judge Ketcham, and, under his instructions, a verdict was rendered in favor of the plaintiff for the amount of the note in suit, with interest from its maturity to the date of the verdict. A motion for a new trial was made by the defendant, for the ��� �