Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1921-11-30
PACKING HOUSE VERDICT

MadlSOn-The Farmers CO-Opera-
tive Packing Co. of Lacrosse loses a
lower court Judgment for S101, 129
against the Langdon-Boyd Packing
company Of Lacrosse, as a result of
supreme court decision on Tuesday.
reversing the lower court finding and
dismissing the complaint of the plain
tltfs. The defendants had previously
been found guilty of conspiracy to de-
fraud in selling their property TO the
farmers. Justice A. j. Vinje gave the
opinion which decides this case, in
volving many of the most prominent
ness concern formed by the farmers
of the American Society of EQUITY,
which entered into the deal.
The Farmers Cooperative Packing
company in 1909 purchased the prop
erty of the Langdon- Boyd Packing
company for $122,914 When it was
found that they were unable to put
the property in condition to earn on
the investment, the farmers through
/ the equity company commenced &C
ton, charging conspiracy TO defraud
on the part of the former owners who
sold them the property.
I A lower court decision gave them
S101 ,l29 and appeal was taken.
Judge Vinje says that after careful
study by each member of the court it
is unable to find cause of action
There is no substantial ground for a
charge of conspiracy, since the farm
ers knew what they were buying, and
still have the property they pur-
chased after careful consideration, the
justice says.
No Cause of Action
"a careful study of the case has
been made by each member of the
court with the result that it is its best
judgment that no cause of action ex-
lists in favor of plaintiff against the
appealing defendants or against any
of them," says Justice Vinje. 1T is
the settled law of both England and
America that buyer is required to
notice such qualities of the goods pur-
chased as are reasonably within his
observation and this is especially true
as to value which is largely a matter
of judgment and hence though value
be pulled by the vender such putting
does not render him legally liable
where the purchaser has an opportuni-
ty to examine the subject of the sale. "
The defendants named in the COM
plant, prominent business men and
farmers, were 0ndrew Boyd, Isabella
Boyd, the Langdon-Boyd Packing COM
pany, George w. Burton, Frank p
Hixton, Joseph BFunke, Carl F. Mich
ell, Henry Gund, F. A. S. Price, Ira M.
Chryst, R. A. Hill and the National
Bank of Lacrosse.
"The Importance of the case" de-
clares Justice Vinje in the decision,
ain view of the amount involved and
-, cA,a r4 h. H., saf SNf ha
state has served to emphasize judicial
duty though it is hoped such added
emphasis is not necessary in any case.
In addition to the Importance of the
case the very exhaustive and earnest
} briefs and oral arguments of counsel
on both sides not only melted but ma
terially assisted judicial inquiry
Conspiracy Not Plausible
"That the officers of the bark
. should have Joined in conspiracy to
defraud the farming community upon
whom the prosperity of their bank
ultimately depends does not seem
plausible unless very strong motive
is shown. The motive claimed is that
in that way the bank could secure the
payment of the indebtedness of $685..
900 which the packing company owed
the bank. The force of this motive
becomes less apparent whensft is re
membered that the value put upon the
, plant by the jury plus the other as.
! sets of the company was ample to take
care of this Indebtedness and practic-
ally of the whole Indebtedness of the
plant. There is no proof thatslsabeils
Boyd said or did anything to aid tbs
alleged conspiracy except to subscribe
for some stock in the plaintiff com
pany She was Boyd's sister and haC
been his bookkeeper. The chief argu
ment to show her guilt is based upor
the fact that she did not testify at the
trial though present Her failure 81
to do is not of itself sufficient basis
for finding her guilty Veraicts should
rest upon more substantial grounds.
'No badge of fraud or conspiracy il
perceived either in the subscription Of
resale of stock. OF course later, aft
ter the stock became worthless, con
tingency not probable at the time o.
, sale, it can easily by argument bl
made to assume sinister aspect. Blu
, conduct should be judged by the car
, cumstances as they appear at the time
and not by subsequent events.
Farm Leaders Not Benefited
"As before stated, Chryst was presi
dent of the American Society of Equi.
ty, Carnahan was president of the
Wisconsin Union and chairman of the
packing pla0t committee of both or.
CARNATIONS D.0.Mahoney was coun.
ty judge of Vernon county and foi
six or seven years president of the
Wisconsin Union of the American So
ciety Of Equity. All these men were
eager for a cooperative packing plant
and worked zealously for it without
remuneration except that Chryst re-
ceived a few shares of stock from
Boyd, who wanted to reimburse him in
part for his time and services. That
such men should betray their trust to
the organization that had honored
them with the highest Offices at their
command is not. very credible, that
they should do it without any substan-
tial compensation is highly incredible.
1t may have been a case. where their
zeal outran their judgment. That
often happens to the best Of men. Ger
tain it is that during the period men
toned there was great activity among
the farmers in the formation of their
cooperative enterprises"
A Great Gathering
The delegates from the Methodist