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Sundry actions for debt

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Ordinary Session Held in Fort Orange
November 13, 1657

Present:

La Montagne
Jacob Schermerhoorn
Philip Pietersen
Jan Tomassen
Goossen Gerritsen
Adriaen Gerritsen
magistrates

Evert Noldinck, plaintiff, against Jacob Teunissen, defendant.
The plaintiff demands payment of ƒ106:4:-.
The defendant admits the debt and promises to pay the same in 14 days.
The court orders the defendant to pay the plaintiff the sum of ƒ106:4: within the aforesaid time, under penalty of attachment.

Evert Noldingh, plaintiff, against Anderies van der Sluys, defendant.
The plaintiff demands payment of ƒ28:15:-.
The defendant admits the debt and promises to pay the same in cash.
The court orders the defendant to pay the same within the space of 24 hours, according to his promise.

Evert Noldinck, plaintiff, against
Default. Pieter Stevensen, defendant.

Idem plaintiff, against
Default. Jan de Wever, defendant.

Tomas Pouwels, plaintiff, against Barent Albertsen, defendant.
The plaintiff demands damages for the loss which he suffered from a canoe which the defendant in violation of ] the ordinance took without the plaintiff’s knowledge and for which he offers ƒ9:10.
The defendant admits the debt.
The court, having heard the parties, condemn the defendant to pay ƒ9:10 to the plaintiff and ƒ25 to the officer, according to the ordinance.

Teunis Jacobsen, plaintiff, against Lourens Baliner, defendant.
The plaintiff, pursuant to the late order of the court,[1] produces before the court the half aam from which the Spanish wine in question was spilled in the falling of said cask caused by the weakness of the rim thereof, offering to confirm on oath that the said cask fell on account of its poor condition.
The court, having heard the parties and examined the half aam which was broken at the rim, adjudge that the accident ] was not the fault of the plaintiff, beer carrier, and therefore releases him from all liability and orders the defendant to recover his loss from the merchant who delivered the wine in the said cask.

Leendert Philipsen, plaintiff, against Henderick de Backer and his wife, defendants.
The plaintiff complains with Anderies Herbertsen about some atrocious slander, in proof whereof he produces some depositions.
The defendants ask for copies of said depositions.
The court, having heard the parties, orders the plaintiff to furnish the defendants with copies of the depositions which he produced in court, in order to make answer thereto on the next court day.

Marritjen Hendericksz, plaintiff, against Lowies Cobussen, defendant.
The plaintiff demands payment of the rent of her house, amounting to the sum of 18 beavers.
The defendant admits the debt, but says that he cannot pay in beavers.
The court, having heard the parties, condemns the defendant to pay the sum demanded within the space of six weeks.

Ulderick Kleyn, plaintiff, against Eldert Gerbertsen, defendant.
The plaintiff asks that the defendant produce his evidence according to the last court order.[2]
The defendant excuses himself on account of a great misfortune which he has had in the meanwhile, and asks time until the next court session. Fiat.

Ordinary Session Held in Fort Orange
November 27, 1657

Present:

La Montagne
Jacob Schermerhoorn
Philip Pietersen
Jan Tomassen
Goossen Gerritsen
Adriaen Gerritsen
magistrates

Teunis Spitsbergen and Barent Pietersen, plaintiffs, against
Default. Wijnant Gerritsen, defendant.

Robbert Engel, plaintiff, against
Default. Henderick Gerritsen, defendant.

Foppe Barentsen, plaintiff, against
Default. Egbert Sandersen, defendant.

Pieter Stevensen, plaintiff,
against

Default {  Adriaen Appel  } defendants. 
Barent Albertsen 
Henderick Gerritsen, 

Default. Gillis Fonda, plaintiff, against
Default. Henderick Gerritsen, defendant.

Evert Noldingh, plaintiff, against
Default. Claes van Rotterdam, defendant.

Gerrit Swart, schout of the colony of Rencelaerswijck, plaintiff, against
Default. Dirckjen Harmens, defendant.

Harmen Jacobsen, plaintiff, against
Default. Claes van Rotterdam and Abraham Vosburgh, defendants.

Baefjen Pietersen, plaintiff, against Eldert Gerbertsen, defendant.
The defendant produces his depositions, according to the last order.[3]
The plaintiff asks that the witnesses appear before the court to swear to their depositions.
The court, seeing the reasonableness of the request, orders the defendant to have his witnesses appear before the court on the next court day to confirm their testimony on oath.

Anderies Herbertsen and Leendert Philipsen, plaintiffs, against Henderick de Backer, and his wife, defendants.
The court, having heard the parties, orders the parties respectively to communicate their depositions to each other before the next court day, in order to pronounce judgment according to the merits of the case.

Jan Roeloffsen, plaintiff, against Henderick Reur, defendant.
The plaintiff demands payment of five beavers earned on the defendant’s house.
The defendant admits the debt, but as the work which the plaintiff agreed to do four years ago was not finished, he claims that he is not bound to pay the five beavers, but on the contrary, claims that he is entitled to damages for the loss which the defendant suffered thereby.
The court, having heard the parties, orders that each shall choose a referee to settle the matter to the best of their knowledge.

Jan van Eeckelen, plaintiff, against Jan de Graeff, defendant.
The plaintiff demands payment of the sum of ƒ84:14.
The defendant denies the debt.
The court orders the plaintiff to prove his claim on the next court day.

Rutger Jacobsen, plaintiff, against Harmen Jacobsen, defendant.
The plaintiff demands security for his yacht, which he sold to the defendant and for which he has thus far not been paid, as he has heard that the defendant has sold the said yacht.
The defendant admits having bought the said yacht which was to be paid for according to certain conditions, and declares that he cannot furnish any security.
The court orders that the yacht in question shall remain attached until the defendant has satisfied the plaintiff.

Ordinary Session Held in Fort Orange
December 11, 1657

Jacob Tijssen, plaintiff, against Jan Gauw, defendant.
The plaintiff says that the defendant owes him eight beavers, and he has caused the defendant to be cited for the third time for the recovery of the said number of beavers. The latter remaining in default, he asks judgment in the amount of the said beavers.
The court, having according to law caused the defendant to be summoned three times by the court messenger and he not appearing, declares him to be in contempt and condemns him because of his contempt of court to pay the plaintiff the required eight beavers within the space of eight days and the costs of the trial, under penalty of attachment.

Tomas Janssen Mingael, plaintiff, against
Default. Christoffel Davids, defendant.

Pieter Jacobsen Quackenbosch, plaintiff, against
Default. Pieter Jacobsen Bosboom, defendant.

Teunis Spitsbergen and his partner, plaintiffs, against
Default. Wijnant Gerritsen and Jan de Wever, defendants.

Foppe Barentsen, plaintiff, against
Default. Egbert Sandersen, defendant.

Anderies de Vosch, plaintiff, against
Default. Jan van Breemen, defendant.

Jacob Tijssen van der Heyden, plaintiff, against
Default. Jan Gaeuw, defendant.

Cornelis van Breuckelen, plaintiff, against
Default. Dirckjen Martensen, defendant.

Tomas Janssen Mingael, plaintiff, against Christoffel Davids, defendant.
The plaintiff says that he settled with the defendant about the rent of the house of Jacob Anderiessen for ƒ50:-.
The defendant admits that he did so, but says that he was drunk.
The court refers the case to the referees to be chosen by the parties respectively.

Teunis Spitsbergen and his partner, plaintiffs, against Wijnant Gerritsen, defendant.
The plaintiff demands payment of 18 beavers and ƒ1:10:-.
The defendant admits the debt according to the account.
The parties having been heard, the defendant is ordered by the court to pay the said number of 18 beavers and ƒ1:10:- within three months.

Andries de Vosch, plaintiff, against Jan van Breemen, defendant.
The plaintiff demands payment of ƒ254:-.
The defendant admits that he was indebted to the plaintiff but does not know how much and demands an account from the plaintiff.
The court orders the plaintiff to render an account to the defendant.

Notes

See page 330.
See page 332 for the court order.
See page 332 for this order.

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.