The Portland daily press., 1889-04-09
BAD CORN FOR PACKING.
Farmers Trying to Make the Frank
lin Company Pay for II.

PHILLIPS, April S.-The initiatory steps
ia litigation of great interest to corn pack
throughout the State, were taken at Phillips
Saturday. In the fall of 1888, the Franklin
Packing Company, Portland corporation,
erected very extensive corn packing plant
at Strong in this county and contracted for
a very large acreage Of corn in that and the
surrounding towns. The unprecedentedly
early frosts ruined nearly the entire corn
crop Of the region and resulted in loss OF
many thousand dollars to the company and
the farmers.
The great bulk Of the corn raised was re-
jected as unfit for canning purposes, quite a
number Of farmers. unwilling to pocket their
losses, insisted that under their planting
contracts, the company were bound to take
the corn anyway, whatever its condition,
and placed their claims in the hands of P.
A. Sawyer, ESQ.,, for collection.
The company refused to pay the claims
and as result certain of them were put in
suit and the actions made returnable be-
fore Trial Justice, j. w. Butterfield at Phil
lips, April 9Th. w. Fred Fogg, Esq. Of
Strong appeared for the defendant corpora
ton, and after the pleadings had been filed
III
this suit are Of such magnitude, affecting as
they do, not only these defendants, but ey-
cry other corn packer in Maine, that deem
1t proper that the merits should be disclosed
only In a court of final jurisdiction aud shall
therefore avail myself of the provisions Of
the statute and waive trial here and will
ask your honor to render judgment for the
plaintiff, and therefore / will appeal to the
next term of the Supreme Judicial Court to
be holden within and for this county at
Pennington on the fourth Tuesday of Sep
tember, and the Franklin Packing Company
will recognize in such sum as your honor
may determine for the prosecution of their
appeal"
judgement was then entered up, and an
appeal taken. This carries the case for trial
to the Supreme Court, and ultimately, with
out doubt to the law court, as the question Of
liability Of packers to take and pay for
worthless corn under the usual form of
planting contract Is one that those in the
business are anxious to have finally deter
mined. The counsel retained are well known
for their fighting qualities, and that the mat
ter will be skillfully handled on both sides
goes without saying.
The Franklin Packing Company of which
j. p. Jordan Of Portland Is treasurer and
manager, Is a wealthy corporation, and not
withstanding their discouraging experience
ness this year and have booked over 20C
acres to be planted this spring in Strong and
vicinity.
IA reporter for the Press called upon Mr.
Jordan, the treasurer Of the company las,
night, and asked him il the above despatch
was correct. Mr.. Jordan said it was sub
stantially so. The suit was brought for the
amount of S17, by man named j. NJ. Lam
bert Of Strong. He said that it might be q
suit Of considerable Importance If carried
through; thatit is an important question
whether the packers must take all the corn
grown. Contracts are drawn with grea
care so as to cover only such corn as is suit
able for packing.