
    Bowie and Kurtz v. Wheelright.
    In a charter-party, the words “ charter and to freight let,” do not imply a covenant, in law, that the vessel is, or shall he seaworthy.
    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 liable, unless there'was an express warranty, or fraud, or misrepresentation.
    
      Mr. Swann, for- the plaintiffs,
    contended that a covenant is implied in the act of hiring the vessel.
   The Court

(Thruston, J., 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.  