Blanchard v. Bucknam
Supreme Judicial Court of Maine
CotenaNT on a charter party, by which the' defendants hired the plaintiff’s brig Paymaster, “for a voyage to be made from “ Portland to sea, and take a cargo from on board the Britishbrig “ Fountain, and proceed with the same to one or more ports in “ the West Indies, and fro’m thence to Portland, where she is to “be discharged, the dangers of the seas excepted.”
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CotenaNT on a charter party, by which the' defendants hired the plaintiff’s brig Paymaster, “for a voyage to be made from “ Portland to sea, and take a cargo from on board the Britishbrig “ Fountain, and proceed with the same to one or more ports in “ the West Indies, and fro’m thence to Portland, where she is to “be discharged, the dangers of the seas excepted.” The plaintiff covenanted to victual and man the vessel, for which the defendants “ agreed to pay two hundred and twehty-six dollars per month.” The defendants covenanted to pay “ for thefreight “ of hire of the said brig and…
1Opinion of the Court
WestoN J.
delivered the opinion of the Corn*!.
This is an action of covenant broken on a charter party, brought to recover the money covenanted to be paid, for the victualling and manning and for the freight of the brig Paymaster. To this the defendants have pleaded five several pleas. Upon the fourth and fifth pleas, issue has been joined by the plaintiff. To the first plea, the plaintiff has replied, and the defendants, in their rejoinder thereto, have traversed the matter alleged in the replication ; and upon this traverse, issue has been joined. The plaintiff, in. his replication to the…
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