Donovan v. Sheridan

The action was brought upon an agreement whereby the plaintiff chartered to the defendants the passenger steam tug “ Annie & Maggie,” for 150 days, at twenty dollars a day. The tug was delivered to and accepted by the defendants. The answer was a general denial, nothing more, and the jury having found that the contract was made unconditionally as alleged, their determination ought seemingly to end the controversy.

But the defendants insist upon several matters of defense not specially pleaded.

First. That when the owner of a vessel charters her or offers her for freight, lie is bound to see…