[Text is continued in NYC-RNA_v1_bk4_476 thru 478, 479 is missing, 480 begins another item. Presented complete here for continuity. NAHC]
Monday, 17 January 1656. In the City Hall. Present the Worshipful Heeren Allard Anthony, Oloff Stevensen, Jacob Strycker, and Jan Vinje.
Hans Dreper, pltf. v/s Adriaen Keyser, deft. Pltf. says, he gave deft. last year, a letter with a beaver, which Lourens Jansen was to take with him to Holland to buy something with it there, which beaver he, Keyser, did not deliver to Lourens. Requests restitution of said beaver. Deft. acknowledges to have received the letter with the beaver and that he undertook to hand the same to Lourens; he says, that when they went in the yachts to the ship he took the same along, but as he could not get on board, he delivered the letter and beaver, but does not know into whose hands they were put. Maintains that he is not bound to restore the same, as he went in the boat only for pleasure. Parties being heard, the Court ordered deft. Adriaen Keyser to prove in whose hands he put the letter and beaver, or in default thereof to give the pltf. another beaver.
Jacob Schellinger, pltf. v/s Adriaen Keyser, deft. Pltf. demands payment of balance of an a/c of fl. 30. 12. Deft. acknowledges the debt; offers to pay him by an offset against pltf's mother-in-law, saying that pltf accepted the same. Pltf. says, he is content with the offset against his mother, as she offers to pay the same. Therefore deft. was ordered to speak to pltf's mother about it and to cause her to accept, or otherwise to pay pltf.
Adriaen Keyser, pltf. v/s Jannetie Melyns, deft. Deft. in default.
Govert Loockermans, pltf. v/s Aert Willemsen, deft. Pltf. says he hired to deft. his scow with grapnel line and appurtenances, and that in returning the scow he did not deliver the grapnel and rope that were attached. Requests that deft. be condemned to restore him grapnel and rope. Deft. answering orally and in writing acknowledges to have hired from the pltf. the scow and furniture, but says, the scow lying at anchor at the Beaver Path* was taken one Sunday, during the sermon from the shore, by the crew of The Shark and when he, on the following Monday brought it back, he found the grapnel and rope missing. Maintains, therefore, that pltf. ought to ask the grapnel and rope from the skipper of The Shark or her crew, and he is not bound to restore or make good the same. Parties being heard, the Court order the deft. Aert Willemsen shall prove, on the next Court day his answer by witnesses.
*Now Morris Street.
Evert Duycking, pltf. v/s Jacob Schellinger, deft. Pltf. says, he had repaired for deft. a glass window at Martin? which he broke, and that he had agreed with deft., that for the insertion of the same he should pay him the odd account they had together of fl. 2. And says that there is still coming to him fl. 6½ for a window, which he recently had fixed for him in his house here, besides, also, fl. 5. balance of a window, which he made in his house for deft's predecessor Jacob Loper on Staten Island. Requests, that deft. be condemned to fulfill all the above in good pay, saying that deft. has given him Zeewan, which he could scarcely dispose of. Deft. acknowledges to have agreed about the first, but maintains that he is not solely bound to pay for the window, as there were others, who helped to break it. For the second, acknowledges the debt of fl. 6-½. Thirdly regarding the claim of Jacob Loper dec'd says, pltf. ought to have spoken to him before and instituted his action. Maintains he is not bound to pay now. Parties being heard, the Court condemns deft. Jacob Schellinger to pay pltf. the demanded sum of fl. 2.; of 6½; and of fl. 5. in good merchantable beaver.
Pieter Dircksen Waterhout, pltf. v/s Cornelis Schudt, deft. Pltf. demands payment of 12 beavers and fl. 2. in Zeewan balance of freight pursuant to previous judgment. Deft. answers and first requests reparation of damage suffered in his merchandize in pltfs ship, according to judgment. Secondly, says deft.: pltf. purchased, from Skipper Lourens, meat which belonged to him, and was delivered to pltf. by skipper Lourens for his, deft's a/c. and therefore can set that off against the demanded payment. Pieter Dircksen denies, that skipper Lourens had informed him, the meat belonged to Com Schudt, or must be paid for to him; but, on the contrary agreed, that he should receive the said meat in deduction of a/c, which he (according to procuration) had with skipper Lourens. Adding that he could have received elsewhere the meat at a lower price. Parties being heard, the Court refers the matter in question between the parties, relative to the average, to two arbitrators, and thereto invited and commissioned Pieter Cornelisz Van Veen and Pieter Jacobs: Buys, who are hereby authorized to reconcile them if possible on this matter otherwise to report to the Board. Relative to the further question between parties the Court orders deft. Cornelis Schudt to cause Lourens Cornelissen to be summoned by the next Court day to prove his statement.
Pieter Dircksen Waterhout, pltf. v/s Warnaer Wessels, deft. Deft. in default.
Pieter Jacobsen Marius, pltf. v/s Jacob van Couwenhoven, deft.
Deft. in default.
Pieter Jacobsen Buys, pltf. v/s Claes Van Elslant, the younger, deft. The Elder appears (in absence of the younger) in his son's stead. Pltf. says, that he gave young Elsland in the year 1652 about June, some goods to sell for him at auction and says the same being sold for about fl. 60. he to this day has been unable to receive his payment. Requests, that deft., who delivered the goods, shall be condemned to pay. Old Elsland says that pltf. gave his son some—to be sold for him at vendue, and that he promised to give him one guilder for his trouble, but that the goods were sold by Carel van Brugge * as vendue master: maintained that the vendue master, not he, is responsible for the payment.
Claes van Elslant, pltf. v/s Carel van Brugge, * deft. The Court ordered that C. van Elslant shall cause Carel van Brugge to be summoned for the next Court day, to prove that he delivered the goods to Van Brugge and that the same were sold by him.
*This man, an Englishman, called Charles Bridges, visited New Amsterdam as supercargo of the ship White Raven, coming from the West Indies in 1639, and in 1644 he was appointed Member of the Council and Storekeeper in Curaçao, where he was first called Carel van Brugge. He came to New Netherland with Stuyvesant in May, 1647, was made Commissary at Fort Orange November 1647, Commissary of the Provincial Accounts in 1651 and Provincial Secretary and ex officio Venduemaster in 1652. He held this office until November 1653, and appears in various official positions during the next years. When the English took New Netherland he resumed his English name, appearing under it as one of the patentees of Flushing. With the return of the Dutch in 1673, he became again Carel van Brugge and was appointed Clerk of the English Towns on L. I., now Queens Co., residing at Flushing, where he died in August 1682. His wife was Sarah, da. of Thomas Cornell of Westchester, often called Cornelis, and widow of Thomas Willett of Bristol, England. She survived him and married subsequently John Lawrence, Jr., of Flushing, L. I. —E. O'C.
Hendrick van Naerden, pltf. v/s Jan Evertsen Bout, deft. Pltf. demands payment of a balance of 3 beavers, half a barrel of small beer, and one guilder in Zeewan, for timber cut for, and taken by the deft., whereon one beaver has been received, which is not good and can no where be disposed of. Deft. acknowledges to be still indebted 17 gl. to pltf. when he puts laths into his house in the village of Midwout; offers one beaver in Court. But says as he must, in consequence of these troubles with the Indians, remove the house standing in the town of Midwout, and as he is still prevented from proceeding, he maintains that he is not bound to pay before the house is finished. Pltf. acknowledges, that he is obliged to lath the house, but says that it has not occurred through his neglect. Parties being heard, the Court decides that, inasmuch as deft. is obliged to remove his house, and is prevented from proceeding therewith by the lathing, deft. shall wait for the remaining payment until the house, being removed, is lathed, which deft. says, shall be as soon as the severe winter season has passed; but that the beaver which he, the pltf. has given deft. and which is worthless shall now be exchanged by him.
Solomon d' la Scheer's wife appeared in Court [with] a certain box of white stringed Zeewan to the amount of fl. 84. 3. complaining, that Warnaer Wessels the [farmer] of the Tapsters' excise, refuses the same, and will not [give] any license. And whereas she is obstructed in her business requests the Court to decide if the same be good Zeewan or not, and to order him, accordingly, to receive the same and not to impede her. The Court decides, that the Zeewan, exhibited by petitioner is good merchantable Zeewan, and has, therefore, sealed the same in Court.
478 ends here
479 may be missing
Lysbet Tysen appears in Court complaining, that she cannot receive yet the fl. 11. from Jan Cornelissen for rent, according to judgment, requesting, the Court to aid her, that she be provisionally paid the fl. 11. The Court considering the present circumstances of the petitioner orders the abovenamed Jan Cornelissen to pay the aforesaid fl. 11. within 24 hours, or in default thereof further disposition shall be made therein.
On the complaint of Engeltie Hendricx in Court, the Bench orders the Officer, again, to execute the judgment against J. Van Beeck.
Tomas Griddy appears in Court complaining, that he cannot obtain any satisfaction from Borger Jorissen conformably to the award of the arbitrators appointed by the Court relative to their civil suit; whereupon Borger Jorissen, being called in Court, says that Griddy has not surrendered the house according to agreement, but on the contrary alienated the planks and other property, which were in the house, as shall appear by the inventory taken by the Notary Schelluyne. Griddy denies the same: says he has fulfilled the agreement on his side. The Court orders parties on both sides to produce, on the next Court day, their statements and allegations in writing and to prove the same.
On the petition of A: Keyser for despatch of the matter between him and Jacob Haey, default was granted against Schout Tienhoven, as he is absent, and has not answered; and it is ordered that he shall be summoned to answer at the next Court day, when final disposition shall be made.
