[Text from NYC-RNA_v1_bk4_531 thru 534. Presented here for continuity. NAHC]
[Begins 531]
Monday, the 13 March 1656. In the City Hall. Present the W. Hereen, Oloff Stevensen, Allard Anthony, Jacob Strycker, Jan Vinje, Will Beekman, and Hend'k Kip.
Symon Claessen skipper of the Ship Tiu Flower of Gelder, pltf. v/a Tomas Hall, deft. Pltf. persists in his previous demand, copy whereof he delivered to deft. pursuant to order to answer in writing, requesting, therein, that deft. shall be condemned to band in and pay fl. 448. 8. balance of purchased hops and malt with interest thereon @ 10 per cent. from 17th March 1655 to the actual payment of the same and the freight of the tobacco conveyed to Holland; and that without longer delay here, in good inspected tobacco @ 6 stivers per lb. according to decision of arbitrators, approved by the deft. under his signature in date 17th March afores. with costs. Deft. answers orally: acknowledges the debt, and that he approved and signed the decision through compromise: Offers to pay the principal. Maintains he owes no interest, as pltf. on his departure last year, left no attorney here, to whom the same could be paid. Parties being heard, the Court condemns deft. Tomas Hall, according to the decision signed by himself, to pay pltf. the aforesaid fl. 448. 8 with interest thereon @ 10 per cent. here in good merchantable tobacco at 6 stivers per lb., within the term of 3 days from date, as well as the freight of the tobacco to Holland, also to pay costs hereby incurred.
Master Hans Kierstede, pltf. v/s Adriaen Keyser, deft. Both in default.
Adriaen Dircksen Coen, pltf. v/s Adriaen Keyser, deft. Deft. in default.
Willem Pamer, pltf. v/s Marretie Joris, deft. Pltf. in default. Pieter van Couwenhoven, pltf. v/s Marretie Joris, deft. Pltf. demands payment of fl. 443. for beer delivered according to a/c. Deft. acknowledging the debt, requests to offset fl. 234. 9. due according to a/c from pltf's brother Jacob van Couwenhoven. Pltf. replying refuses the offset; says he has nothing to do with it. Parties being heard, the Court condemns deft. to pay pltf. aforesaid fl. 443. without his being obliged to accept any offset, and that within six weeks.
[End of 531]
[Begin 532]
Pieter van Couwenhoven, pltf. v/s Jan Rutgersen, deft. Pltf. demands payment of fl. 79. 4 for delivered beer. Deft. acknowledges the debt and requests to offset what is due him from pltf's brother. Pltf. replies; says he has nothing to do with the offset. Parties being heard, the Court condemns deft. to pay pltf., within 6 weeks from date, the aforesaid fl. 79. 4.
Marretie Joris, pltf. v/s Jacob van Couwenhoven, deft. Pltf. demands payment of fl. 234. 9. according to a/c. Deft. requests, that pltf's husband shall come to a settlement with him. Says he does not refuse her what lawfully belongs to her. Parties being heard, deft. Jacob van Couwenhoven was ordered to settle with Michel Pauluzen within 5 days from date.
Herry Hoskis, pltf. v/s Willem Heycks, deft. Both in default. Jacob Steendam, pltf. v/s Aryaen Woutersen, deft. Deft. in default. Joost van Beeck, pltf. v/s Nicolaes Boot, deft. Deft. in default.
Papers of parties being examined, it was ordered that M Scharborgh's declaration, produced by N. Boot, being in English, shall be translated into Dutch by the next Court day, when the matter shall be disposed of.
Jan Van Leyden, pltf. v/s Lysbet Tysen, deft. Deft. in default.
Jan van Leyden, pltf. v/s Allard Anthony, deft. Pltf. requests delivery of a certain obligation, which has been paid, but cannot be got from deft. Deft. says, he has not refused the same. Now claims payment of costs incurred in preceding suit. The Court postpones the case to next Court day.
Claes Jansen, pltf. v/s Aryaen Sipsen, deft. Defts 2 default. Pltf. appears in Court, saying, that he worked two days last harvest with deft. and cannot, to the present time, receive any money; demands fl. 2½ per day besides costs of summons and loss of time etc. Requests to be allowed to take his debt out of the monies arrested with Jan Hendricsen. The Court condemns deft. in consequence of his contumacy to satisfy pltf. and permits pltf. to take, under bail, the fl. 5. of wages, and to bring on next Court day specification of the costs.
[End 532]
[Begin 533]
Geertruyt Jacobsen, pltf. v/s Claes Bordingh, deft. Deft's 1st default. Pltf. appears in Court making known her case, being a claim for hire (wages) earned by her son from one Gillis, who is dead, and for whom deft. is Curator or Agent; and whereas deft. is in default, pltf. is ordered to prove her claim.
Jan Rutgersen, pltf. v/s Pieter Jansen, deft. Both in default. Nicolaes Verleth requests verbally despatch relative to the pearls deposited by Helletie Jansz. Whereon was endorsed :—The Court persists in its last issued orders of the 7th and 21. February ult.
Isaack de Foreest appears in Court, complaining that Dirck van Schelluyne still refuses to fulfill the judgment pronounced against him by the Court. Requests as before, that execution be issued. Endorsement:—The request being found just, the Honble C. v. Tienhoven, as Schout, is hereby ordered by the Court, to execute the judgment obtained by petitioner against D. v. Schelluyne.
Sybout Claessen, appeared in Court exhibiting a petition and Apostille granted by Burgomasters and Schepens relative to the sheetpiling beside the City Hall. Requesting that said order be obeyed, so that further loss be prevented by the high water. Ordered by the Court, that the Court Messenger shall with petitioner see the neighbours; and the City Hall having being finished, will call on them to line the bank with boards according to Order; or in default thereof, such shall be done at their expence.
Jacob Cohen appeared in Court exhibiting a declaration relative to the canoe in dispute with Pieter Montfoort. Whereupon the Court orders, that the evidence shall be collated on the next Court day.
Lourens Jansen appeared in Court relative to the dispute between Antony Jansen van Vaes and his man Jacob Teunissen, affirming his given declaration, and declares also that he had never absolutely discharged his man aforesaid, but that he solely loaned him to Antony Jansen thro' friendship. And whereas the weather is bad and Antony Jansen cannot well come, he was still granted 8 days according to previous order.
Catrina d'Silla answers in writing relative to the matter in question against Jacob Backer. Whereon was endorsed— Ordered by the Court, that copy hereof shall be granted to Jacob Backer and that parties on both sides shall produce their vouchers and documents by the next Court day, when the matter shall be disposed of.
[End 533]
[Begin 534]
On the petition of Hans Styn to settle with the Honble Schout, was endorsed— Petitioner's request is laid over for the present.
Cornelis Schudt and Maria Verleth mutually present a petition, whereon was endorsed:—Ordered by the Court, that parties on both sides shall be granted copies of their papers, to use the same on the next Court day, and then to produce all that is material. Meanwhile, the same are ordered to deposit with the Secretary the books, papers and accounts in question on both sides.
Abraham La Nooy answers in writing the demand of Pieter Jacob Buys, whereon was endorsed:—Ordered by the Court, that copy hereof shall be granted to party to answer thereunto at the next Court day.
The petition of the Burghers Court Martial was postponed until the next Court day, as the Honble Tienhoven is absent.
Also the petition of Isaack Kip, until the laid-out lots shall be first distributed.
Warnaer Wessels, pltf. v/s Juffrouw Van Hamel, deft. Pltf. says, he had a bill of exchange from deft's husband payable in Holland. And whereas deft. said she doubted, if the Bill would be paid, he requests, that she shall be condemned to deposit in pledge, the fl. 400., which she promised in presence of the Honble Burgomasters or that the wines, which were security for the disbursed monies for which the bill was drawn, should remain hypothecated therefor and that the arrest thereon be declared valid. Deft. appeared, with Jacob Steendam and P. Schrick, as attornies for N. van Hamel, in Court, to take the wines out of the hands of the pltf., saying the wines were not left in pledge, and maintains that deft. is not bound to deposit the money, inasmuch as it does not appear, that payment of the bill is refused. Protesting against pltf. for all expenses, damages and interest, which Van Hamel has already suffered or may yet suffer, by the refusal and retention of the wines. Parties being heard, the Court of the City of Amsterdam by plurality of votes decide, that deft. is not bound to deposit any monies on account of the bill of exchange, or to hypothecate the wines therefor, inasmuch as it does not appear that the bill, on which pltf. founds his claim, has been refused. Therefore the arrest imposed on the wines was declared null and invalid, and the deft. or Van Hamel's attornies, were allowed to keep the same.
Joost van Beeck appeared on this day the 13th of March at the Secretary's office of this City and declared to have appealed from the judgment pronounced by the Court of the aforesaid City in date 6th January last in the case between Maria Verleth as pltf., and him as deft., and that before the Honble Director General and Supreme Council of New Netherland.
[End 534]
