Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-10-19
A SUIT FOR MILLIONS.
AGAINST rur rAuN,x Estate.


a Decision OF IN. supreme Court setting
tnia Csiebratod Uase Nsido-A Long
continued litigation.
la tho supreme court at Pittsburg
Thursday, Justice paSsou filed an opinion
covering ninety five pages of legal cap
paper in the famous case Oi Asa Packer
against Noble, uimmctt Il Go. Tho pro
ceeding was commenced more than
twcuty six years ago. Justice Paxson
SAYS tho expenses ot the case when II
reached the supreme court were over u
million dollars.
la 1850 Asa Packer was a coal operator
at Mauch Chunk aud engaged III tho coal
commission business IN Ph,ladelph,a, and
April of that year ho formed oophrt.
nership with Joseph Noble, Barnabas
uammett aud Frank Hall, III tho coal
comm ission business.
In 1852 Asa Packer opened negotiations
with parties controlling tho Lehigh Valley
railroad company, which then had neither
clpital nor credit. Tho negotiations rc'
suited in u contract with tho company by
which ho agreed 10 build the road from
Mauch Chunk to Eastou, including u
bridge over tho Delaware river for the
sum Of 81, 800, 900.
llo offered his partners one nth ot tho
stocks and bonds to DO received from the
company, and the same proportion OF tho
net profits Of the enterprise. II they would
| furnish one fifth of the cost Of construct.
| ing tho road. Thcy hesitated about this,
and on February /, 1853, when MIR. Pack
er's offer was presented ia writing, did not
sign it. lie proceeded with tho entor.
prise alone, drawing various sums OF
money, amounting To sljO, 1000, from the
! firm, which was charged to his personal
account. In 1855 his drafts were refused
and he deposited with the firm 500 shares
| of Lehigh Valley stock aud 100 bonds,
| valued at 81 200 each. The same year
! Mr.. Packer became financially embTras
sed aud no WAS practically expelled IRON
the firm in 1886.
lie then commenced proceedings il
equity for an account. His railroad inter
ests proved profitable aud he became one
/ uf the wealthteSt men in the statC. Their,
was a partial settlement of his suit but 1t
1870, tive years after the death of Mr.
Noble, the defendants uled an AMENDED
b,ll in which they claimed that the firm q
| Noble, Uammett y Co., were partner
| with Mr.. Packer IN the railroad enterprise
and the money he received from the tru
was Ou this account. They claimed tha
Mr.. Packer had Obtained money by usiul
the firms name surrep,itiousIy, and they
were entitled 70 recover from him owe
$l2, 200. 900.
In support OF this they produced tin
proposition originally made by Mr Packer
Il was duly signed aud purpurted 70 bo
regular agreement. The signature o
Noble, lIammatt \ Co, however, was 4
dIffercu' kind of ink from that OF Nh
Packer, aud the master, after taking tos
timOuy that makes twelve large prIntu
volumes, decided against their claims
The court of Carbon CDuuty affirmed thI
masters decision.
Justice Paxsun atiirms the decision {
the master and the lower court aud direct
the appellants 10 ply the costs. His theor
of the case, which, he says, Is one of tn
most remarkable On record, is that Mob
u Uammett sigued Mr.. Packers propos
tion without his knowledge and nevt
notified him of their acceptance Of II
Their object in this was doubtless I
protect themselves against loss II th
Lehigh Valley railroad enterprise shout
be failure aud At the sametme be in
position to demand a share of whatevt
, profits might secure. The court is statistic
+ that il Mr.. Packer had not extricatc
himself from his financial difficulties an
become immensely wealthy the alege
, agreement would never have seen the ligl
I ut day.