Page:Federal Reporter, 1st Series, Volume 7.djvu/249

 COAST WBEOEINa 00. V. PatEMIX INS. 00. 237 �In Admirai ty. �Sander & Carter, for libellants. �Butler, Stillman e Huhbard, for respondent. �Benedict, D. J. This case presents some novel features. �It is an action ire personam against the Phœnix Insurance �Company, which corporation was the insurer of a part of the �cargo of the steamer Vindicator, shipped in Pall Eiver, to be �transported thence to Philadelphia, and there delivered to �varions consignees named in bills of lading given upon the �shipment of the goods. It is instituted in behalf of two sep- �arate libellants, — the CoastWrecking Company and thefirmuf �Johnson & Higgins,— ffhpse interes^s are to.31 cer.t{i,in estent �antagonistic; a reoovery of the de'mand eued for by Johnson �& Higgins being fatal to any recoVery by theCoast Wrecking �Company, No exception to the, li^el'Jias, teen taten npon �the ground of misjoindeuiof ■libellants. The right of tho �Coast Wrecking Company to iretiover something in this action �is' admitted. The right Of Jbhhson & Higgihsto reeove'f any- �thipg is d|enj,ed,.; ^hegrQu.n,d takeja by .the,4.efendai^tp,i^tjHis �fitated iu the defendants' hriefii, >. 1;: i •• ^i: �"Thelibelof Johnson & Higgins should be dismissed, with costs. A ■d^^yeein;faYor,ofthe,Coa8t;"W;r,eski|ig Coflac^ny, pf.frij)ni,|2,Qp.tq ,$2,500, may be given, but the respondeiit siould not be cbarged with costs." �Under these circumstances there seems to be no gpod rea- ■soh, for declining 'to determine the rights'qf the severai par- ties axising from the facts proved, notwithstanding the anom- «rlous features presentedby the libell' The material facts �are as followB :!' ' .' �The steamer Vindicator, whi-le proceeding upon the Toyage already mentioned, on the fourth day pf January, 1879, was stranded- by stress of weather on the Long Island shore, and placed in a position ofsuch, danger as to giverise to the apprehensjcn thathothvessel and cargo would prove a total I08S. Upon the situation of the vessel becoming known, the Ccast "Wrecking Company sent wreckers, divers, and vessels from New Yorkto the steamer, and commenced efforts to save the vessel and her cargo. It was found impossible to. save the vessel, which broke up some 37 days af ter the arrivai of the Coast Wrecking Company. Most of the cargo was, however, saved and transported- iby? the CoastWrecking Company to New York, where it arrived in a damaged condition. �Among other cargo so saved were 339 baies of print cloths, 8 cases and 4 bags of yarn, 11 cases, 12 bags of hats, which had been insured by the ��� �