The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1909-12-21
Burnley Society Wins in Court Of
appeals.


The Court Of Appeals Friday by I'M
animous vote reversed the decision of
Circuit Judge ;. NJ 3enscn, who ap
pointed Lee S BaIdwin and Ruius
Isle receiver for the burley Tobacco
Soaety's pools of 1906 and 1907 and in
an opinion written by Judge Ed. C.
ORear declares that the action of the
lower court was premature.
= No decision is rendered as to the.
ownership of the 1901, 900 fund realized
from the outage fees OF So hogshead
in the sale of the pooled crops of 1906
and 1907 which were sold to the Ameri-
can Tobacco Company and the indie
pendent manufactures in the fall of
1908.
The money of the Burley Tobacco
Society show deposited in Clsrk coun-
ty is released from the hands Of the
receivers and probably will be imme-
diately withdrawn from Winchester
banks and deposited in Lexington
the opinion of the higher court that
the decision of the circuit tribunal is
premature is based upon the fact that
the decision of the circuit tribunal is
premature is based upon the fact that
while 80 per. cent of the $40, 900, 600
received for the two pools has been
paid out, there are still pending suits
against The Burley Society filed by
the independent manufacturers and
suits on behalf of the Society against
the INSTRUMENTATION damages arising
from their failure to take the pay for
the crops assigned to them in the
meeting at Louisville, which ended the
long tobacco war and in which the
growers won practically every point
which they had contended.
4 The opinion of the court in the case
IS in full as follows:
, Tine Burley Society VS.. j. E. Cats
kill, etc.
"A receiver was appnionted by
Judge Benton of the Clark Circuit
, Court, for certain money, books and
other property of the BGrley Tobacco
Society. at the suit of j. E. Gaitskill
and others. four members of the
society who complained that it had
failed to distribute as it should all the
proceeds of sales of the 1906 and 1907
pools of tobacco.
The Burley Tobacco Society is a
corporation organized in January, 1907,
without capital stock, for the purpose
of promoting the interests of the grow
ers of hurley tobacco in certain coun-
ties OF Kentucky, Ohio and Indiana to
sell the tobacco of its members.
j The crops of 1906 and 1907 pooled
with 1t sold during the fall of 1908 and
summer of 1909. The sum realize
was nearly $500, 900. OO0., 80 per cent of
which has been disbursed to the men,
bers of those pools.
Certain features of the business
are yet unsettled; somesclaims on the
part of the society. amounting TO $780,
700 and which are pending in court
have not been adjudged; and certain
suits against the society and some of
! its members for damages arising, it is
| alleged. out of the course of the. busl-
! ness. have not yet been disposed of.
Those suits involve about $500, 900.
j.. The expenses necessary to deien6
4 them has not yet been ascertained,
other items of expenses connected
with the pools of 1906 and 1907 have
not yet been ascertained or settled. In
this state of affairs complaint by mem
bers for an accounting in court is pre-.
mature.
! ''The appointment of the receiver
was unauthorized by the state of the
record or by the situation disclosed By
it. No other question was reconsidereC
or determined. The Judgment is re.
versed and the case remanded for pro.
ceedings consistent herewith. Whole
court sitting"