
    Case No. 1,733.
    BOWIE et al. v. WHEELRIGHT.
    [2 Cranch, C. C. 167.] 
    
    Circuit Court, District of Columbia.
    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.  