Lathrop

In 1912 the California-Atlantic Steamship Company, the charterer of the American bark John Ena from its owner the San Francisco Shipping Company, took on board a cargo at Philadelphia bound for San Francisco, and as is averred in the libel pledged and assigned the freights to be earned on the voyage to G. Amsinck & Co. to secure certain advances. Libelant A. P. Lathrop is the successor in interest to said G. Amsinck & Co. In April, 1913, the John Ena arrived at San Francisco with the said cargo on board, but before that time the California-Atlantic Steamship Company had gone into involuntary bankruptcy, and the San Francisco Shipping Company, the owner of the bark, collected the freights. This is a libel in rem against the said freights, based upon the pledge and assignment above mentioned. J. H. Welsford; & Co.,. Limited, has intervened, also claiming the freights under an assignment thereof from the said California-Atlantic Steamship Company. An order was, upon application, under admiralty rule 38 directed to the San Francisco Shipping Company, requiring it to appear and show cause why the said freights so collected and held by it should not be brought into court to answer the…