Sessions v. Hartsock
Supreme Court of Arkansas
Appeal from Chicot Circuit Court. Hon. John C. Murray, Circuit Judge. The clause in the bill of sale which required Templeman & Richardson to take back all unsound negroes, cannot operate to the injury of the defendants. It was, doubtless, inserted for their benefit. But it only expressed what the law itself implied; We cannot suppose it imposed any additional burden upon the defendants of tendering back the unsound negroes.
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Appeal from Chicot Circuit Court. Hon. John C. Murray, Circuit Judge. The clause in the bill of sale which required Templeman & Richardson to take back all unsound negroes, cannot operate to the injury of the defendants. It was, doubtless, inserted for their benefit. But it only expressed what the law itself implied; We cannot suppose it imposed any additional burden upon the defendants of tendering back the unsound negroes. This they eould do, or not do, at their option. 2 Stark. N. P. 162. But even if it was the duty of the defendants, by this clause, to make a tender of the unsound…
1Opinion of the CourtJustice Fairchild
On the 13th of April, 1857, Richard R. Sessions and Daniel H. Sessions made their note to Templeman & Richardson, for the price' of negroes bought of them, payable at the office of Hewett, Norton & Co., Nfew Orleans, on the first of January following. By indorsement the note came to the hands of Hartsook, who brought suit upon it in the Chicot Circuit Court, in July, 1858. The suit was defended on the ground of particular unsoundness of two of the negroes, which caused the death of one of them, and made the other “ comparatively worthless,” and because all of the negroes were, when sold,…
2Cited by1 opinion
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