Research

Translation

Appeal of Jacob Vis of a judgment of the court of New Amsterdam in favor of Frederick Lubbertsen

Series:
Scanned Document:

Petrus Stuyvesandt, on behalf of their honorable High Mightinesses the lords States General of the United Netherlands and the lords directors of the Chartered West India Company, chamber of Amsterdam, director general of N. Netherland, Curaçao, Bonaire, Aruba and the dependencies thereof, together with the honorable lords councilors, have summoned hereto the court messenger, Claes van Elslant de Jonge, greetings.

Whereas Jacob Vis has demonstrated to us by petition that he finds himself greatly injured by the judgment handed down by the honorable court of this city dated the 17th of July, between him and Frederick Lubbertsen, because he was condemned by the aforesaid judgment, on pain of attachment, to pay ƒ230 to Frederick Lubbertsen for the account of Jacob van Couwenhoven, because he was ordinary security for it, without having first attempted to attach the aforesaid Jacob van Couwenhoven as the principal debtor (so he says) according to legal form and custom. For this our assistance is requested.[1]

Therefore, we order you to summon the aforesaid Frederick Lubbertsen to appear here before us in Fort Amsterdam next Tuesday, being the 9th of July, or to send a deputy, to respond to any demands and rejoinders that the aforesaid Jacob Vis shall make or effect against him, notifying those of the aforesaid court to appear or to send deputies on the day stated above (if it pleases them) in order to see us annul or confirm the aforesaid judgment; providing copies for use of the parties, and relating to us what you encounter.[2]

Done at Fort Amsterdam the 2nd of July 1658,

P. Stuyvesant

Notes

Jacob Vis was security for Jacob Wolfersen van Couwenhoven in the purchase of a horse from Lubbertsen. When Wolfersen defaulted on his payment, Vis was ordered to pay in his stead. See RNA, 2:172, 386, 388 and 400 for this case.
On July 9th the council upheld Vis’s appeal, see NYCM, 8:908.

References

Translation: Gehring, C., trans./ed., New Netherland Documents Series: Vol. 16, part 1, Laws and Writs of Appeal, 1647-1663 (Syracuse: 1991).A complete copy of this publication is available on the New Netherland Institute website.