Document: Judgment in the case of Walewyn van der Veen vs. Peter Wolpherts van Couwenhoven

[several lines lost] van Couwenhooven [ ]

The plaintiff as [ ] Benjamin vande Waeter [ ] of his widow left behind [ ] by power of attorney, payment [ ] for the remainder of a certain promissory note on behalf of Benjamin vande Waeter, signed by the defendant Pieter van Couwenhoven, the sum of ƒ158:12:–, plus ƒ47:8:– book debt. The defendant says that he paid Benjamin vande Waeter; produces no other proof than a waste-book without day or date, and without a name or to whom paid and in what specie, only in these notations: Paid on the mirrors ƒ82:– guilders, the rest in beavers; without indicating more. He says further, that he thought to have had a receipt from Benjamin vande Waeter, but is unable to find it now; offers to confirm by oath that he paid Benjamin vande Waeter in full. The plaintiff refuses to contest it under oath; requests on a liquid promissory note (therein in two distinct entries, one part [several lines lost] and the plaintiff [ ] in the estate, and for [ ] attorney of the widow and orphans left behind) could indemnify against negligence, the defendant presently not being able to produce any other proof as previously, and the director general and councilors having heard all further pro and contra arguments and having deliberated thereon, judge and decide that an oath has no place on a liquid promissory note unless by voluntary consent of the parties, and that the payments thereof ought to show whether by cancellation of the promissory note or by receipt, or by impartial and unbiased testimony; therefore, we grant the plaintiff’s demand, for as much as it concerns the remainder of the promissory note, on the condition that the plaintiff for the period of one year and six weeks shall post security de restituendo, in case the defendant shall produce evidence of payment in legitimate currency within this time. Concerning the remainder of the book debt, the director general and councilors judge that it will suffice if the defendant is prepared to take the oath.