Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-11-10

A Dispatch from Pittsbur0, Oct. 18th,
says: ain the supreme Court TODAY
Justice Paxson fled an opinion cover.
ing IS pages Of LEGAL cap in the famous
case of Asa Packer against Noble.
Hammsst 4 Co., which was a bill in
equity asking the court in Carbon coun-
70 to decsee IN account stated. The
proceeding was commenced more than
70 years ago. Since that Nme all of the
original parties to the suit have died.
Justice Paxson saws the expenses Of tue
case when it reached the Supreme
Court were over 81 10000 and It's de-
cision involves many millions more. In
1880 the late Asa Packer vas coal OF
orator at Mauch Chunk and engaged In
the coal commission business at Phila-
delphiA On April LIST Of that
year he formed q co-partnership
with Joseph Noble, Barnabas Ham
NETT and Franklin Hall, who were in
the coal commission business, and dur
ing the term of partnership had houses
in Philadelphia, Boston and New York.
In 1852 Asa Packer opened negotiations
with the parties controlling the Lehigh
Valley Railroad Company, which then
had neither capital nor credit, and the
negotiations resulted in q contract with
the company by which he agreed to
build the road from Mauch Chunk to
Easton, Pa, including q bridge over the
Delaware river at Phillipsburg, N. j..
for the sum Of $2,500, 900, of which 81
10000 shoald be paid in the capital
stock of the company and 81 ,OC0, 600 in
first mortgage bonds. The road was
estimated to cost $l,600.0O0, and the
bonds at 30 per cent, and the stock at
5o1f per cent. of their par value would
be the equivalent of the supposed cost.
'Mr. Packer offered his partners one
nth Of the stock and bonds he was to
receive from the company and the same
proportions of the profits of the enter
prise il they would furnish one-fifth of
tho cost Of constructing the road. They
besitated about this, and on Feb. 1855,
when Nr. Packers offer was presented
in writing. did not sign it. He proceed
ed with the enterprise alone, drawing
various sums of money, amounting to
$l5O,CO, from the drm, which was
charged to his individual account. In
1855 bis drafts we're refused, and he
deposited with the firm 1869 shares of
Lelligh Valley stock and 100 bonds,
valued at $1,000 each. The same year
Mr.. Packer became financially embar-
raised, and he was practically expelled
from the firm in 1856. He then COM
proceedings in equity for an
His railroad interest
proved profitable, and he became
one of the wealthiest men in
The State. There was a partial settle
ment of the suit, but in 1870, five Years
After the death of Mr.. Noble, the de-
fendants filed an amendment bill, in
which they claimed that the firm of
Hammett. Noble d Co. were partners of
Mr.. Packer in the railroad enterprise,
and that the money he received from
The firm was on this account. They
too, that Mr.. Packer had OBJ
tained money by using tho firms name
surreptitiOssly, and that they were en-
titled to receive from him over $12.C3J,-
200. In support Of this claim they pro-
auced the proposition originally made
By Mr.. Packer; it was duly signed and
purported to be a regular agreement.
The signature of Noble. Hammett d
Co., however, was in different kind of
ink from that of Mr.. Packer. and the
Master. after taking testimony that
makes twelve large printed volumes. de-
,ldod against their claims. The court
IF Carbon county affirmed the Masters
decision.
"The heirs of Noble, Hammett & Co.
appealed to the Supreme Court. Justice
Paxson afiirms the decision or the Mas
Ter of the lower court, and orders the
appellants to pay the costs. His theory
IF the case, which he says is one of the
most remarkable ON record, is that No
Die and Hammett signed Mr.. Packer's
without his knowledge and
never notified him of their acceptance
II it. Their object in this was doubt
ess to protect themselves against loss
1 the railroad enterprise shonld be a
! failure and at tho same time be in a
position to demand q share Of whatever
profits might accrue. The Court is sat
SIZED that, if Mr.. Packer had lot extri-
,ated himself from his financial difficult
lies and become immensely wealthy. the
alleged agreement would never have
,een the light Of day."