The Daily telegraph. (Monroe, La.) 1870-1886, 1871-02-25
Cooley on Necessary supplies.' >


Cooley on s'Necessary Supplies"
Judge Cooley, in a. recent decision,
thus "laid down the law" touching
necessary supplies" for the purpose Of
raising q crop: 60. :: - ''lAi2}
AS to the privilege claimed for s.re-
ceiving supplies furnished in order to
raise the CROP" the objection has not
been answered that raised, that the
privilege was not recorded. And since
I have carefully examined the account,
have come to the conclusion that If the
privilege had beer. recorded could not
allow privilege for such an accountas
this. There are two accounts, one by
OVERLY & Co., and one by Payne & Co.;
one for about $1,000 and one for $500;
in all $500, advanced to seven or eight
negroes to raise twenty one bales Of cot
ton. Anybody who would read this
account, and would cometo the conclu-
sion that there is anything in it (which
can by the greatest stretch Of the i'm
aginati0n be considered "neceesafy sup-
plies" for raising crop, must certainly
have a very vivid Imagination. There
is whiskey by the barrel, wbiskeN by
the 9asson, whiSAeSy the qdatV md
whiskey by the pint; fish hooks and
fishing lines, (they must have flshed a
great deal whilst making that CROP
ladies' fine CATERS, sugar candy, decks
of cards, boxes Of hair dye, Jews-harps,
Newfoundland bitters, and innumer-
able articles which even go beyond
luxuries, which might be termed luxu-
riOus luxuries. 7.~ al% seF
So far as necessary supplies" 60,
there is but one item of $500 in that
account which can be considered by the
fairest Interpretation as, coming under
that head, and that is "three barrels Of
four" and they are marked superfine
-four. l do not know whether the ex-
ira "XXX" comes really under the
category of Unnecessary supplies to raise
a crop; but this is the only item which
approaches the term "necessary sup
plies" do not know how many bar
rels and gallons and bottles Of whiskey
there are in the account, but they re-
mind me Of what King Hal said to Fhl.
staff, that it was an awful quantity of
sack for so little bread. There was
great deal of whiskey and very little
flour; the balance consisted Of rings
and gewgaw for women. So that, even
If the account had been recorded, it
would not entitle privilege, as the ar
ticles did not constitute Unnecessary sup
plies" +t.. -.t.
In this account there are also such
items as judgments obtained against
these parties: paid $500 to me. That is
not for Unnecessary supplies" Drafts
drawn for cash advanced-thOse are not
necessary supplies" "Claim of steam
boat for freight" All those, with what
share have already mentioned, form
ing an aggregate of $500, and, with the
exception of three barrels Of flour, for
which the party charged $2S, or some
thing like that, there is not an article
in the account which resembles ''neces-
sary supplies"
The Judgment is therefore correct on
the points on which it was originally
predicated: want of possession and want
of registry and even if not correct on
these grounds, it would be correct on
the ground that no Unnecessary supplies"
were furnished as shown by the account.
A storekeeper cannot call anything
he likes Unnecessary supplies" He
cannot call "sardines," tladies' gait
ers," "lead pencils" necessary supplies
to raise crop Of cotton. In fact, it
looks as if these negroes were not -sar-
dimes at all, for they understood how
to run up an account if they did not
understand any thing else. The mo-
ton for new trial is overruled.
Bishop Andrews.