Page:Federal Reporter, 1st Series, Volume 2.djvu/62

DNITBD STATES V. OLARB. 65 �some difficulty is.whether, in the peculiar circumstances of this indefinite contract, the plaintiffs had a right to require the defen4ants to answer their repeated inquiries as to the order of time in which they would load the ship. If it is a question of courtesy, the law cannot deal with it. If one of right, the increased expense, slight though it is, of keeping the ship at Wicasset rather than at Bath, consisting of the wages of master, mate and cook, may fairly be charged to the defend- ants. Upon refleotion, I tbink the plaintiffs were bound to notify the defendants of their readiness to send the ship io Wicasset, and were entitled to be told, in answer to their demand, when the defendants expected to be ready on their part. If the answer had been that the Cheesborough would be loaded first, it is very probable that the plaintiffs "would have acquieseed, and bave taken their measures to reach Wicasset some days later than the seventeenth of Au- gust. It seems to me, therefore, reasonable and just that the expense s which I have referred to should be paid by the de- fendants. �Judgment for the plaintiffs for $40 and costs. ���United States v. Claee. {District Court, E. D. Pennsylvania. March 12, 1880.) �Internai. Revenue— Dbalee in Malt Liquors — Rbv. St. i 3242. — Any person who carries on the business of a brewer, or wholesale or retail dealer in malt liquors, must flrst pay a special tax therefor. �Same— " Wholesale Dealer "— Rev. St. i 3244.— If the quantity of malt liquors sold at one time exceeds flve gallons, the vendor is a " wholesalo dealer," although the same is not coniuined in one package. �Motion for new trial. �Defendant was indicted and found guilty as a wholesale dealer in malt liquors, who had not paid the special tax re- •quired by the act of congress. ����