HUTCHESON, District Judge.
That the policy was issued, the fire occurred, and the loss has been sustained, is conceded. It is the contention of the respondent that there can be no recovery, because, as claimed by it, contrary to the warranty of the assured, the vessel was not at the time of the fire in charge of a competent watchman.
Libelant answers this contention with the claim:
(1) That the warranty referred to was not a part of the contract of...
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