Many of the bourbon barons of the
late 1800’s rode a roller coaster of success and failures. Despite his strong business acumen and wild
success, Col. E. H. Taylor, Jr., literally fled the Commonwealth in May 1877 to
avoid creditors before George T. Stagg bought him (and the O.F.C.) out of
bankruptcy in December of that year.
As described in Newcomb-Buchanan Co. v. Baskett, 14 Bush
658, 77 Ky. 658 (1879), Col. Taylor’s troubles were brewing at least by the spring
of 1875. Just months before the running
of the first Kentucky Derby, Taylor sold 150 barrels to J. S. Baskett, a Henry
County farmer who also raised Hereford cattle and was a banker – both passions
he shared with Col. Taylor. Baskett also
apparently was seeking to gain a foothold as a bourbon dealer. Baskett paid for the bourbon and paid the
taxes, so the barrels were to be moved from the bonded warehouse at the O.F.C.
to a free warehouse. Instead, Col.
Taylor sold the same 150 barrels to
Newcomb-Buchanan Co. to cover debts Col. Taylor owed. (Some readers might recognize
Newcomb-Buchanan as one of the largest distillery groups in Kentucky at the
time, which by 1884 went broke in a scandalous fashion, and was taken over by
the Anderson & Nelson Distilleries.)
Newcomb-Buchanan sold 25 of
Baskett’s barrels and credited Taylor’s account, shipped another 101 of
Baskett’s barrels to George T. Stagg in St. Louis to cover debt Col. Taylor
owed to Stagg, and still had the remaining barrels when Baskett came looking
for his bourbon during the summer of 1877.
Col. Taylor was nowhere to be found – in the Buffalo
Trace Oral History Project Col. Taylor’s great-great grandson says that
Col. Taylor fled to Europe and left one of his sons behind to deal with the
creditors – but the Court simply noted that “In May, 1877, Taylor left the
state on account of pecuniary troubles…”, so Baskett sued Newcomb-Buchanan.
Newcomb-Buchanan defended on the
ground that it simply didn’t know about Baskett’s ownership of the
barrels. The Court ruled in favor of
Baskett, reasoning that Newcomb-Buchanan never had an ownership interest in the
barrels because Col. Taylor never had the right to (re-)sell the barrels in the
first place. “Buyer beware” was alive
and well in the 1870’s.
So Newcomb-Buchanan had to pay
damages to Baskett, and presumably chase down Col. Taylor along with all of the
other creditors. Not to worry though,
Col. Taylor more than found his footing after being bailed out by Stagg; he
built grand distilleries, led the fight for the Bottled in Bond Act, and left
an indelible mark on bourbon history. Although
Col. Taylor has practically attained the equivalent of sainthood in the Bourbon
world, just remember that he didn’t always wear the white hat.
I have an Old Taylor straight kentucky whiskey E H Taylor Jr. & Sons distillers Frankfort kentucky....bottle with cork. There is an oval picture of cabin under the words old Taylor...how can I find out the age? It may help me to date an item.
ReplyDeleteThe Frankfort location could help narrow the time frame to before 1887, when Col. Taylor and George T. Stagg parted ways, but Col. Taylor didn't use the name "E. H. Taylor, Jr. & Sons" until after the split with Stagg, so it seems inconsistent. You'll really need to inspect the bottle, especially the tax stamp. If it's Bottled in Bond, you'll know that it's 1901 or after (that's the first year BIB bourbon was available; it had to age four years after passage of the Act in 1897). Also, check out the Whiskey ID website for tips on bottle characteristics to help determine the age. Good luck!
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