Bowie v. Wheelright, 6 U.S. (2 Cranch) 167 (1819)

Case No. 1,733.

April Term, 1819.

Shipping — Charter-Pabty—Construction—Def-inition — “Charter and to Freight Let.”

In a charter-party, the words “charter and to freight let,” do not imply a covenant, in law, that the vessel is or shall be seaworthy.

At law. Covenant, on a charter-party. Breach, that the vessel was not seaworthy. General demurrer and joinder. The charter-party, upon oyer, did not appear to contain :any express covenant of seaworthiness.

Mr. Taylor, for the defendant^ contended that the defendant could not be made lia'ble, unless there was an express warranty, or fraud, or misrepresentation.

Mr. Swann, for the plaintiffs [Bowie and Kur.tz], contended that a covenant is implied in the act of hiring the vessel.

THE COURT (THRUSTON, Circuit Judge, absent) decided that the charter-party, not containing an express averment that the vessel was seaworthy, could not support the averment of such a covenant in the declaration.