The honorable Allard Anthony, burgomaster of this city, having power of attorney of Jacob Jansz Huys, skipper of the ship de Peereboom, in which capacity plaintiff in the case of appeal against Peter Rudolphus, merchant, defendant, in the aforesaid case.
He institutes proceedings in the aforesaid capacity to nullify or annul the judgment in question, dated the 15th of last March,[1] and for the correction thereof by order, attaining what the judges should have done in the first place so that the plaintiff, regarding his petition and the decision first made, shall be adjudicated at least for as much as the same is not annulled, diminished or altered by mediation and the determination of appointed arbitrators or ones designated thereto and the provisional judgment made thereon by the magistrates of Amsterdam, with the expenses of this and of the first judgment or for such others that this high council shall find appropriate in all equity and impartiality from the circumstances of the case.
(Below was written:) The defendant, having been read aloud the foregoing petition, requested a written copy. Done at Amsterdam in New Netherland. Ady ut supra.
Pieter Rudolphus, defendant against Allard Antony, having power of attorney of Jacob Jansz Huys, skipper on the ship de Peereboom, plaintiff in a case of appeal.
[ several lines lost ]
approval of the [ ]
the barrel alchohol in [ ]
such other cunning as [ ]
of this high council [ ]
belong to [ ]
The foregoing decision of the [ ]
at the session, having been submitted, is [ ]
communicate to the parties. Ady ut supra [ ] [2]
6 May
Allard Antony, in his respective capacity, plaintiff, against Pieter Rudol- phus, defendant, for replication. The plaintiff persists for replication [ reiteration ]. Ady ut supra.
It is ordered to communicate this to the parties in order to duplicate thereon. Done at Amsterdam in New Netherland. Ady ut supra.[3]
On Tuesday, 29 June.
Allard Antony, in his legal capacity, plaintiff, against Pieter Rudolphus. The plaintiff remonstrates at the session how it is that Petry Rudolphy has failed to supply copies.
The honorable lords councilors order Petrus Rudolphus to supply copies at the next court session or be denied from further proceedings.
Done at Fort Amsterdam in New Netherland. Adi ut supra.
[several lines lost]
[ ] plaintiff [ ] [ ] producing his documents [ ] [ ] delivered [ ] dispute before the honorable court of this city of Amsterdam and thereby persists [ ] judgment in compliance with his second response.
The parties are ordered to submit their papers concerning the suit to the session of the high council, if they have nothing further to bring in. Done at Fort Amsterdam in New Netherland. Ady ut supra.[4]
The director general and councilors having examined the documents and papers produced at the session by Allard Antony, attorney of Jacob Jansz Huys, appellant in a writ of restitution, and Pieter Rudolphus, defendant, and, in addition, having seen the recommendation of the arbitrators, to whom the dispute between Allard Antony and Pieter Rudolphus had been referred, the director general and councilors are conform with the determination of the aforesaid arbitrators; namely, that the skipper shall lose the freight and the merchant his goods, to wit, the barrel of brandy in question, and condemn the parties each party to bear his own expenses, except those incurred by the last appointed arbitrators, which the parties shall split half and half. Ady ut supra (Was signed:) P. Stuyvesant, Nicasius de Sille, La Montagne, Cornelis van Tienhoven.
Copy
Whereas we, the undersigned, appointed as arbitrators by the honorable director general and councilors according to their resolution dated 21 December this last year, concerning the dispute between Allard Antony, plaintiff, as attorney for Jacob Jansen Huys, skipper on de Peereboom, on the one side, and Pieter Rudolphus, on the other side, regarding a certain hogshead of brandy that the aforesaid Pieter Rudolphus claims was lost on account of poor storage, according to his [ ] made to us; however, he said that he ultimately [ ] to expect [ ] the director general and councilors, because he [ ] us as hostile, whereupon he [ ] from our meeting, as can be seen in the report of the court messenger, Claes van Elslant, so that he intended to have the order issued by us carried out but because at the same time Allard Antony submitted to us the order given by the honorable director general whereby the aforesaid lord general ordered us that if the defendant failed to appear, we as commissioners should reassess the parties’ documents and submit our recommendation thereon in writing to the aforesaid lords general and councilors; therefore, after having read and considered everthing that was relevant, and for certain reasons inducing us thereto, we find that the skipper ought to lose the freight and the merchant his goods, for as much as it concerns the aforesaid hogshead of brandy. Thus done the 21 st of January 1656; was signed: Jacob Gorter, Pieter Dircksz, Louweris Cornelisse.
