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Actions: Mr. Van Hamel vs. Lambert van Valkenburgh; Jan Bemboo vs. Teunis Jacobsen; actions of debt

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Ordinary Session Held in Fort Orange
September 4, 1657

President, Johannes La Montagne
Philip Pietersen
Jan Tomassen
Goossen Gerritsen
Adriaen Gerritsen
magistrates

Mr. van Hamel, secretary of the colony of Rencelaerswijck, plaintiff, against Lambert van Valckenborch, defendant.
The plaintiff says that the defendant on the 9th of July last, at a public sale which took place in the colony of Rencelaerswijck, bought the grain standing in the field of the farm which is now owned by Jan Labite for the sum of ƒ700:-, according to the conditions of the sale, and because the defendant was unable to furnish securities, the plaintiff was forced to have the said grain again publicly sold in the village of Beverwijck on the 12th of July, when it was knocked down at ƒ570:, and as the plaintiff is bound to make good the loss suffered by the seller, he requests that the defendant, according to legal custom and practice, be ordered, according to the conditions of the sale, to make up the difference in the amount brought by the grain and also pay in cash the auction fees and other expenses, amounting to the sum of one hundred ninety-eight guilders, to wit: ƒ103[1] for the difference in bids, ƒ35 for auction fees, ƒ3 for commissions, ƒ12 for brandy consumed, and ƒ18 for beer, and that the defendant be constrained to pay said sum by apprehension of his person.
The defendant admits the debt but says that there was no more than ƒ4 worth of brandy drunk.
The court, having heard the parties, condemn the defendant to pay within eight days, under penalty of attachment, or apprehension of his person the sum of ƒ130 for the difference in bids, ƒ3 for commissions, and ƒ35 for auction fees, amounting to the sum of ƒ168:- and order the defendant to settle with the tavern keeper as to the balance of the sum demanded.

Daniel Rinckhout, plaintiff, against Jan de Graef and Pieter Bosboom, defendants.
The plaintiff demands payment of ƒ8:-.
The defendant admits the debt.
The court orders the defendant to pay the sum demanded in cash.

Idem Rinckhout, plaintiff, against Pieter Wollebrant, defendant.
The plaintiff demands payment of ƒ60:-.
The defendant admits the debt.
The court orders the defendant to pay the sum demanded within the space of six weeks.

Harmen Bastiaensen, plaintiff, against Meyndert Fredricksen, defendant.
The plaintiff complains that the defendant has called him a hay thief.
The defendant denies having said this, but admits that he said that he had had his hay which he cut carted away and demands restitution of the said hay.
Tjerck Claessen, being called as a witness, declares that he heard Meyndert Fredrickson say, "Harmen Bastiaensen has taken my hay," but not that he said that he was a thief.
The parties having been heard, the court orders Harmen Bastiaensen, the plaintiff, to restore the hay to the defendant within the space of eight days and furthermore on the next court day to prove that the defendant called him a thief.

Jan Bemboo, plaintiff, against Teunis Jacobsen, defendant.
The plaintiff demands restitution of 20 kannen of Spanish wine of which he suffered the loss through the breaking of a half aam, which the defendant, as beer carrier, let drop from the brewer’s crane.
The defendant says that the loss was caused by the weakness of the rim of the half aam and promises to prove it on the next court day. Fiat.

Eldert Gerbertsen, plaintiff, against
Default. Arent Andriessen, defendant.

Willem Bout, plaintiff, against
Default. Henderick Gerritsen, defendant.

Pieter Bosboom, plaintiff, against
Default. Marten Metselaer, defendant.

Carsten Claessen, plaintiff, against
Default. Jan Roeloffsen, defendant.

Harmen Jacobsen, plaintiff, against
Default. Adriaen Appel and Claes Ripsen, defendants.

Notes

The amount should be ƒ130:-.

References

Translation: Gehring, C., trans./ed., New Netherland Documents Series: Vol. 16, part 2, Fort Orange Court Minutes, 1652-1660 (Syracuse: Syracuse University Press: 1990).A complete copy of this publication is available on the New Netherland Institute website.