Ordinary Session, November 28, 1673.
    Present: Schout Grevenraedt; R. Kierstede, Wessel Ten Broeck, Jan Borhans.

    Klaes Tysen, Plaintiff
    vs. Cornelis Wynkoop, Defendant
    Plaintiff demands the amount of 400 sch. of wheat as per an obligation for the purchase of the Negro. Joost Adriaensen as attorney for Cornelis Wynkoop, because Wynkoop is sick, says that plaintiff sold the Negro as being hale and sound, which is not the case, because the Negro has lost one finger and another finger and a thumb are stiff. Plaintiff says that Wynkoop had seen the Negro, and that Wynkoop asked whether the negro was hale, and Klaes Tysen answered, "Yes, he is hale and healthy." The hon. court refers parties to good men for the purpose of making parties agree, or to report to the hon. court if the case demands it. Which good men shall be the Heer Willem Beecqman, Gorge Hall, Mattys Mattysen, Jan Willemsen. The good men find that the Negro is not according to contract of sale, because Klaes Tysen said the negro was hale and sound and the negro was disabled in one hand, therefore the contract was not complied with and the sale ought to be annulled, and Claes Tysen must take the negro back. The hon. court approves the decision of the good men.

Extraordinary Session, November 30, 1673.
    Present: Schout Grevenraedt; R. Kierstede, Wessel Ten Broeck, J. Borhans.

    Claes Tysen requests revisal of the judgment pronounced on Nov. 25 [sic], 1673. Claes Tysen says that when he arrived from Fort Orange, Wyncoop said, when Claes Tysen asked for an obligation for the negro, that the negro could not be delivered free and that he was also lamed on one hand, but that he would not mind it, if the negro could only be delivered free. Wynkoop, before he bought him, had also bargained for leather for a suit of clothes for the negro. Cornelis Wynkoop says that Klaes Tysen would scarcely permit him to speak to the Negro. Before the purchase of the negro was effected Wynkoop asked Klaes Tysen whether the Negro was hale and sound, and he, plaintiff, answered, "Yes, as hale as any Negro can be," whereupon the purchase was made. Thereupon in the evening when it was dark and Wynkoop was not at home, the Negro was delivered at the house by Minville's nephew [or cousin] and when defendant, in the morning, examined the negro, he was lame in his hand, and on Monday, when the obligation was to be drawn up, defendant refused to sign the same because the negro was not hale, according to the conditions of the sale. Gorge Hall declares that he heard Wynkoop say to Klaes Tysen, "You have deceived me, and have sent to my house a lame negro, and neither is the negro free." Whereupon Klaes said, "What good would it do me?" He also says that, according to his best knowledge, Wynkoop further said, "That alone would not do it; the negro cannot be delivered free." The hon. court, having everything examined and considered a second time, and also the decision of the good men finds that the case is the same as at the first judgment was mentioned, absolutely upholds the previous judgment as also the decision of the good men, and the purchase is to be annulled, and Claes Tysen shall again take back the Negro. Wynkoop, also, shall pay wages earned by the Negro during the time he was in Wynkoop's service, and impartial men shall decide what the Negro shall have earned.

Source:

Versteeg, Dingman, (Translated by), "New York Historical Manuscripts: Dutch", Kingston Papers, Volume II, Kingston Court Records, 1668-1675 and Secretary's Papers, 1664-1675, Christoph, Peter R., Scott, Kenneth, Stryker-Rodda, Kenn (editors), Genealogical Publishing Co., Inc., Baltimore, 1976: 504-506