The Cetriana

In this action Hammer & Co. libel the steamship Cetriana for failure to deliver cargo. The owners of the Cetriana have answered, denying liability, and have in addition filed a petition praying that the Mazatlan, another vessel, be brought in. The petition and answer both set up the fact that the Cetriana had in accordance with the bills of lading the right to transship the cargo in question, and did transship it upon the Mazatlan, and that for any failure to deliver the same the Mazatlan is solely liable.

The petition is presented on the theory that this presents a case analogous to that provided for in admiralty rule 59 (29 Sup. Ct. xlvi). The owners of the Mazatlan have excepted to the petition, on three grounds: (1) That rule 59 applies only to cases of collision; (2) that the owners of the Cetriana do not aver a joint liability on the part of the Mazatlan, but plead that she is solely liable; and (3) that there is another action pending in this court, brought by the present libelants against the Mazatlan, for failure to deliver this same cargo, and that the Cetriana, if her protection demand such procedure, may intervene in *176 that suit; that in the action just mentioned…