Jan Conell, plaintiff, against Harme Gansevoort, defendant.
The plaintiff says that he bought the defendant's farm situated at Catskill, with the buildings thereon, except the new barn, for the sum of 200 beavers, according to the contract of sale thereof, dated the 20th of April last, which contract of sale the defendant and his wife seek to annull, they having sent two arbitrators to cancel the same, saying that he [the defendant] was drunk when the contract was made. He offers to prove by several witnesses that the contrary is true and that he confessed several times that he had made such a contract and was well satisfied with it. He therefore requests that their honors be pleased to order the defendant to carry out the sale according to the contract and to condemn him to pay the costs of the suit.
The defendant's wife requests their honors that the contract of sale made by her husband with J. Conell regarding the farm may be annulled, because it was made at a tavern when he was drunk and full of wine and then incompetent to transact any such business and also because her entire family will thereby be brought to ruin. She humbly requests that out of commiseration for herself and her small children their honors may be pleased to annull the aforesaid sale. However, if the sale is to take effect, she and her husband request that the plaintiff furnish sufficient sureties that the payments shall be promptly made.
The plaintiff requests that his witnesses may be heard.
Casper Jacobse, being sworn, declares that some time ago he went to the house of Harme Gansevoort to get a beaver which he owed their minister, then being on the eve of his departure. He answered that he had brought grain, but that it was lost. Whereupon Casper said: "I have heard that you made a contract with J. Conell about your farm. He will loan you a beaver." "Yes," said Harme, "that may be so." He then went to the house of Jan Connell, who in the presence of Harme advanced him one beaver.
Storm van der Zee, being sworn, declares that the purchase took place at his house and that Harme was neither drunk nor sober when the contract was written. Also, that about three days later he asked Harme whether the sale still held good and whether his wife would be satisfied with it. To which Harme answered. Yes, that there would be no happier day for her than that on which they would leave the farm, because her children were not being brought up well; secondly, because her parents were leaving the farm; and thirdly, because they could not get any farmhands without much trouble and expense.
Dirk Albertse Brat, being sworn, declares that at the house of Aernout Cornelise he heard Harme say that he was well satisfied with the contract of sale about the farm made with Jan Conell and that his wife would never see a happier day than that on which she would leave the farm. He says further that he heard Harme say in his own house that he was well satisfied with it if his wife was content.
Cobus, the brewer, being sworn, says that he was present when the contract was made; and that Harme was not drunk, but had drunk a glass, and that the secretary, who wrote the contract, asked the said Harme several times whether he was perchance drunk and whether his wife would not be displeased about it? To which he answered No, and then repeated to the secretary exactly how the agreement was made, whereupon the latter wrote the contract.
Jacob Lokermans, being sworn, says that he heard Harme Gansevoort say at the strand that the contract of sale about the farm which he had made with J. Conell held good.
Jan, the Noorman, being sworn, says that he asked Harme at Storm's house (tot Stormen) whether the sale held good and whether his wife was pleased with it? To which he replied, Yes, that she would never see a happier day, for he could support himself by brewing and the children could go to school.
Now follows the testimony for the defense:
Albert Rykman, being sworn, declares that he heard Jacob Cornelise say at his house that he was present when the contract of sale was made between Harme Gansevoort and Jan Conell and that he did not sign as a witness because Harme Gansevoort was drunk.
Maes Cornelise, being sworn, says that he was at Storm's house when the contract was made and that he offered the buyer 200 beavers for the house and farm, of which 25 beavers were to be paid in cash. Also, that Jan Conell asked him to sign as a witness, but that he refused because Harme Gansevoort was drunk. Also, that Jan Conell asked him, Maes, 8 days after the sale, to call on H. Gansevoort to see whether Harme would send him two arbitrators, as there was then a chance to settle the matter. Harme Gansevoort did this, but Jan Conell would take no less than 100 beavers for rue-bargain with costs.
The honorable court, having heard the pleadings on both sides and examined the witnesses, resolve to turn over the documents to the following sworn jurymen, to wit:
Mr Gerrit van Slichtenhorst, Hend. Cuyler, Timothy Cooper, Myndt. Harmense, Jan Janse Bleeker, Marte Cryger, Corn. van Dyck, Jacob Sanderse Glen
The jury being unanimously agreed render their verdict that the aforesaid bargain between the parties is legal according to the seller's own confession and the testimony of the witnesses, for which reason the jury find that Gansevoort aforesaid must deliver the farm to the buyer according to the contract, without making any alteration therein, and pay all the costs of this trial
Judgment
The honorable court, having duly considered the proceedings between Jan Conell on one side and Harme Gansevoort on the other side regarding the purchase of the farm at Catskill, approve the verdict or decision of the jury to this extent that the bargain is legal and must take effect. They therefore order the seller to deliver the farm to the buyer at the stipulated time according to the contract of sale. But whereas the defendant and his wife have humbly requested the court that the buyer may offer sureties for the payment of the purchase money according to the terms of the contract, their honors have decided that the plaintiff within the space of 3 times 24 hours is to furnish two sufficient sureties for the payment of the moneys specified in the contract, and the defendant is condemned to pay all the costs of the trial.
Minutes of the Court of Albany, Rensselaerswyck and Schenectady 1675-1680. Volume 2. 1928. Pages 315-318.