Document: Court Case | Pieter Jacobssen Marius v. Jacob van Couwenhoven; demand for payment of debt in tobacco or beavers according to account; acknowledged; delay requested; ordered to pay

Document ID
NYC-RNA_v1_bk4_500
Description

|Court Case |Pieter Jacobssen Marius v. Jacob van Couwenhoven; demand for payment of debt in tobacco or beavers according to account; acknowledged; delay requested; ordered to pay|Note |Arrival of Cornelis van Tienhoven|Court Case |Hilletie Janssen v. Pietertie Janssen; demand for return of goods stolen by Native Americans; purchase acknowledged; restitution refused; Pietertie ordered to deposit goods

Document Date
1656-02-07
Document Date (Date Type)
1656-02-07
Document Type
Document Type Unlinked
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Translation

[Text from NYC-RNA_v1_bk4_499,500,501,502. Presented here for continuity.  NAHC]

Monday, 7th February 1656. In the City Hall. Present the W. Heeren Oloff Stevensen, Allard Anthony, Burgomasters. Johannes Verbrugge, Jacob Strycker, and Jan Vinje, old Schepens, with Willem Beeckman and Hendricks Kip, new incoming Schepens.


Whereas the Assembly of the Honble Director General and Supreme Council has decided, that the presiding Burgomaster should be changed every three months, Therefore Oloff Stevensen, as Burgomaster, now presides in Court.


Andries Andriessen, pltf. v/s Thomas Hall, deft. Deft. in default. Joost van Beeck, pit. v/s Maria Verleth, deft. Pltf. in default.


Cornelis Schudt, pltf. v/s Maria Verleth, deft. Pltf. Cornelia Schudt demands from Maria Verleth in writing; first, the books kept by him of the two cargoes sent to him Anno 1652 and 1653, of which cargoes said Schutt had in his possession the ledger and returned it to Maria Verleth, with promise, that Jan Van Beeck should come for it and settle with me. True enough, I have received an extract from the ledger for her brother Verleth, which said Van Beeck took from the ledger at the North, wherein I find many goods, which she must still have by her, as they are not entered as sold in said book, and also she has received the debts, which stand debitted on the first book, and now the debtors say, that they have paid; also to examine the accounts of this book aforesaid, and that we give security, together, that if any thing is coming from me to her, or from her to me, the one shall satisfy the other; also to give bail, that she shall not depart for Hartford, before the judges shall have condemned us, as they shall consider just. Was signed,


Corn. Schutt.


I, Joost van Beeck, brother of the deceased Johannes van Beeck, approve of what precedes and request their Worships to be pleased to take care, that every one shall come to his own; and further, as there were private transactions with him, we ask to have all the books. Was signed


Joost Van Beeck.


Deft. requests copy of the demand, to answer by the next Court day. The Court granted deft. her request for a copy and ordered her to answer thereunto by the next Court day.


Pieter Jacobsen Marius, pltf. v/s Jacob van Couwenhoven, deft. Pltf. demands payment according to previous demand and a/c, delivered unto deft.; and that in tobacco or beavers. Deft. acknowledges the debt; says he has not refused payment; requests merely time. Offers to pay provisionally, next month, April, one thousand guilders and the rest at the earliest moment. Requests accommodation, inasmuch as he has now first settled with his brother. Pltf. says, that he has made divers good offers to deft. on condition, that be should give security for the payment; he is still content to wait until next May, to be then paid, without fail, in tobacco or beavers, provided that he give sufficient bail or mortgage. The Court having heard pltf's demand, request and offer together with the acknowledgment of the debt by the deft., as well as his offer, have condemned deft. Jacob van Couwenhoven to pay pltf. in beavers or tobacco, whereunto time was granted him until the month of May, on condition, that he be held to give, for the behoof of pltf. sufficient bail, or undeniable security for the payment at the aforesaid time.


The Heer Tienhoven present.


Helletie Jansen, pltf. v/s Pietertie Jansen, deft. Pltf. requests, as deft. has bought from Indians here within this City some goods belonging to her and her sister, that she be condemned to return the same to her, on receiving, what she has given therefor; being one small box with divers linens, as a pair of linen sheets, two shirts, some frills, coifs, children's caps, pocket handkerchiefs, three pearl pins and other things, that she docs not know precisely. Deft. acknowledges to have bought some goods from the Indians; but when she learned they were pltf's property, she sent to pltf. word, that the Indians wished to sell such goods and before she traded, pltf. was asked, if she would purchase the same from the Indians; she answered, No, as she had no pay; but said she was well content, she had traded, as she could get plenty of such goods. Whereupon she purchased them nearly as dear as they were worth, and gave the remainder to poor people. Maintains therefore, that she is not bound to make restitution. The pltf. and Anna Van Vorst acknowledge, that deft. offered them the goods before she bought them, but as they had no money, they could not buy them. Inasmuch as she, pltf., was obliged to return to Nicolaes Verleth the goods she bought and received from the Indians, requests that deft. shall also deliver her property. Parties being heard, the Court order, that deft. Pietertie Jansen shall, within the space of 8 days deposit in the Secretary's office of this City the goods claimed by pltf. and which she bought from the Indians, when further disposition as to justice will appertain shall be made.


Jacob Schellinger, pltf. v/s Tryntie Heymans, deft. Deft. in default.


Jacob Leendertsen, pltf. v/s Hendrick Willemsen, baker, deft.


Pltf. says, that he leased a house from deft. up to All Saints day next, and that deft. has now warned him by the Court Messenger to depart by May. Requests, that deft. shall let him remain under rent until All Saints. Deft. says, he did not rent the house longer than May. Demands proof to the contrary, or that pltf. shall declare such under oath, as there were no persons present. Pltf. refusing to swear, he was ordered by the Court to prove, that he hired the house until All Saints, or depart out of it in May.


Jacob Teunissen, pltf. v/s Anthony Jansen van Vaes, deft. Deft. in default.


David Frere, pltf. v/s Adriaen Keyser, deft. Pltf. persists in his former demand; still asks for payment of fl. 192 in beavers. Deft. acknowledges to owe 24 beavers; offers payment, but inasmuch as pltf. requires such excessively good pay, the Court will have to appoint arbitrators to inspect the pay and to value the same. The Court heard pltf's demand and deft's acknowledgment of debt and have condemned deft.


A. Keyser to pay pltf. within 8 days, and having considered the deft's further request, decide that deft. can make payment in such currency as shall be considered good and merchantable pay by Sieurs Piet. Cornelis Vander Veen and Piet. J. Buys, free traders here, who are hereby requested and commissioned thereunto by the Court.


The matter in question between Adriaen Keyser and Jacob Haey was, at the request of Schout Tienhoven postponed until the arrival of Jacob Haey, who is expected very soon.


On the request of Nicolaes Verleth presented in Court, regarding the judgment against Helletie Jansen is endorsed— The Court decide, that the pending judgment shall be put in execution according to custom and form of law without any further delay, whereunto the Bailiff is hereby empowered.


Lodewyck Pos, Burger and inhabitant here, requests by petition leave to sell wine and beer by the small measure, whereon was endorsed Petitioner's request is granted as to other Tavernkeepers.


Item. On the petition of Tomas Fredricksen is endorsed—Petitioner's request is granted as to other Tavernkeepers.

[502 begins here]
Maria Verleth appeared in Court complaining to the Schout of Joost van Beeck, that he took from Claes van Elslandt and opened two letters,. which have come, by the ship, The Flower of Gelder, from Patria, and belong to her deceased husband Jan van Beeck; requesting delivery of said letters, and right and justice for the violence. Joost van Beeck appears in Court and acknowledges, that his wife took two certain letters, whereof the superscription was:—To Johan van Beeck—and that the same were opened by her and read by him; and that there are still on hand at his house one letter from his brother Nicolaes van Beeck and a letter from his father in law Paulus Zillessen with a bill of lading for some goods of Nicolaes van Beeck: maintaining that neither the letters nor the goods sent therewith belong to Maria Verleth, inasmuch as the marriage was never declared legal, but that he is the rightful heir. Joost van Beeck being asked, by what authority he took the letters belonging to his brother and opened them, says:—he had no precise authority or power thereunto, but that his wife took the same and opened them without his knowledge or privity. The Court provisionally orders Joost van Beeck to deposit with the Secretary of this city the aforementioned letters and conveyances, which he received; seal the same with his own signet and pass an Act, that there were no other letters or papers.


Joost van Beeck appeared before the adjournment of the Court and pursuant to aforesaid order, delivered in two certain letters, which were sealed by himself, and a signed Act, that he had and that there were no others. On the oral request of Daniel Teneur and written petition of Paulus Leenderts Vandie Grift relative to the judgment pronounced by the Court in date 23 Nov. last, is endorsed— Whereas petitioner Paulus L. Vandie Grift requested revision of the judgment pronounced between him and Daniel Teneur, not on the 30th but on the 13th Dec last, when the same was granted him, on condition, that he institute the same at the next Court, and the same has not been entered up to the present day, the Court decide, that the petitioner cannot now be admitted to revision.


Therefore the order is, that the judgment rendered shall have its full effect.


Isaack de Foreest appeared in Court requesting, both orally and in writing, that the judgment which he obtained against D. V. Schelluyne in the Court, shall be put into execution. Whereupon the Court ordered, that the pending judgment shall be executed according to custom and in form of law.

[Bottom of 502]

Extraordinary Session holden on Tuesday the 8th February 1656. In the City Hall. Present Oloff Stevensen, Jacob Strycker, Jan Vinje, Will: Beekman, Hend'k Kip.


Maria Verleth, pltf. v/s Joost van Beeck, deft. Pltf. demands her letters deposited yesterday with the Secretary; requests that the same be granted her. Deft. maintains, as the marriage between Johannes Van Beeck and Mary Verleth is not yet declared legal, the letters are not her's, until the marriage be legalized. But if the Marriage be declared lawful by the Court, Supreme Council and Consistory, he consents she should have them. Claims then only his legal right, requesting that guardians be appointed. Maria Verleth declares, that not being a Burgher here, but a stranger, an inhabitant and Burgher of Hartford in New England, she is not bound to accept guardians here. Requests quick despatch, unless the Court will please to declare the marriage either lawful or unlawful.


Inasmuch as the Court has never been informed, that the marriage between Johan van Beeck and Maria Verleth is declared illegal, but on the contrary, this Court has by order of the 19th February 1654, on the petition of dec'd Johan van Beeck, considered, under correction, that respect must be paid to the Proclamation of the Church and consequently to the marriage tie of said young people, they cannot then pronounce the marriage illegal: They, therefore, consent that pltf. Maria Verleth shall provisionally take the letters deposited in the Secretary's office, the rather as Joost van Beeck declared yesterday in full Court that he has no particular authority or power to lift the letters. Thus done, arrested and pronounced. Done as above. Amsterdam in New Netherland. Was subscribed Oloff Stevensen, Jacob Strycker, Jan Vinje, Will: Beeckman, Hendrick Hendrickx Kip.


Pursuant to the above decision the letters deposited with the Secretary were delivered in Court to Maria Verleth, present Joost van Beeck, and were, after opening, found to be


Two manuscript letters, One Bill of lading,


One general cargo, One price current.

[Bottom of 502]

 

 

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