deducted by respondent from its freight obligation under the contract.
There being insufficient evidence in the record to support libellant's claim for $ 388.84 for additional freight, its claim for $ 190.97 for demurrage at Iliolo, and its claim for $ 900 for excess wharfage at Philadelphia, these three claims will be disallowed.
Respondent's alleged set-offs of $ 3,241.63 for dispatch at Iliolo and $ 756.14 on account of alleged short delivery of 95 bags of sugar also will be disallowed for failure of proof.
The evidence in reference to each of these disallowed claims and set-offs is so meagre and uncertain and so obviously inadequate that the Court is unable to make findings of fact pertaining to them.
Respondent's alleged set-off on account of damages cargo and extra stevedoring charges in connection therewith, totalling $ 854.31, also will be disallowed. During the voyage in question fresh water leaked from a valve flange on the end of a steam smothering line in the No. 5 lower hold, causing damage to about 276 bags of sugar. Immediately prior to loading the sugar the vessel had discharged flour which was undamaged from that same compartment. Before the sugar was loaded the pipe and valve in question were inspected by the Master and the Chief Mate of the vessel and found in good condition and free from leakage. Two hours before the hold was fully loaded the Master again inspected the pipe and valve and found no evidence of leakage. Under the circumstances, the visual inspection of the valve flange, which began to leak during the voyage, constituted due care on the part of the libellant in making that particular part of the ship seaworthy at the inception of the voyage.
As stated above,
respondent admitted on June 30, 1950, that, of the $ 24,480.59 claimed by libellant, it owed $ 13,035.35. As of June 30, 1950, this portion of libellant's claim was a liquidated sum upon which interest ran until August 15, 1952, the date on which respondent paid the $ 13,035.35, subject to libellant's right to claim interest thereon. In view of these facts, I hold that libellant is entitled to recover interest at 6% on the sum of $ 13,035.35 for the period from June 30, 1950 to August 15, 1952, or $ 1,694.55.
To summarize, libellant is entitled to recover from respondent $ 11,659.98, which is the total amount of the items improperly deducted by respondent in its payment under the freight contract in question, plus the interest on the liquidated portion of libellant's claim.
The statements of fact and law in the foregoing opinion will constitute the Court's findings of fact and conclusions of law in the case.
Judgment may be entered in favor of libellant and against respondent in the amount of $ 11,659.98.