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UNITED STATES v. KIMBAL

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80 U.S. 636 (1871)

13 Wall. 636

20 L.Ed. 503

UNITED STATES, v. KIMBAL.

Supreme Court of United States.

December 11, 1871.

Attorney(s) appearing for the Case

Mr. B.H. Bristow, Solicitor-General, and Mr. C.H. Hill, Assistant Attorney-General, for the United States, appellant.

Messrs. Chipman, Peck, and Durant, contra:

Mr. Justice SWAYNE delivered the opinion of the court.

On the 18th of April, 1865, the United States contracted with the bark Annie Kimbal to convey a cargo of anthracite steamer coal from Philadelphia to Port Royal, in South Carolina. The United States agreed to pay freightage "at the rate of $6.25 per ton, and demurrage $100 per day, allowing 21 days for discharging." In the margin of the bill of lading was the following memorandum: "Freight and demurrage payable...

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