John C. Kennedy seeks to recover a promissory note. In 1851, Kennedy purchased a slave named Hannah and her two children from Thomas J. Park for $1400. The three slaves "were the wife & children of a negro fellow" belonging to Kennedy. As he planned to move to Texas, he wanted to take the slave family with him. To pay for the purchase of Hannah and her two children, Kennedy turned over to Park several promissory notes for money due to him by several individuals; however, Park refused to accept one of the note, which was due by Wylie B. James and William Wiggins, because "the principal maker of the note lived in Georgia." After purchasing the three slaves, Kennedy "took them with his other negro property to the state of Texas" where he expected to move his family shortly thereafter. Upon leaving for Texas, Kennedy left the note from James and Wiggins with his agent, Thomas K. Chester, who went to Georgia on an unsuccessful attempt to collect on it. On his way back from Georgia to Tennessee, Chester realized he had "missed said paper." He made an affidavit explaining that he had lost the note but that the note was indeed for money due to Kennedy. By this, he won judgment forcing payment of the note. However, Thomas Park now claims that he has the note in his possession, stating that Kennedy signed it over to him. Kennedy avers that if his signature is on the note "it is a base counterfeit & forgery." He prays "that said note be decreed to be delivered up to your orator or his agent to be delivered over to the said James" in order to properly collect payment.
Result: Injunction granted.
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Repository: Tennessee Department of Archives and History
