Actions of debt; Andries Herbertsen vs. Hendrick the baker's wife; Arent van Curler vs. Marcellis Jansen

Scanned Document:

315 ] Ordinary Session Held in Fort Orange on the 5th of December 1656


La Montagne, commissary
Andries Harpartsz
Jacob Schermerhooren
Philippe Pietersz

Anderies Herbertsen, as attorney of Goosen Gerritsen, plaintiff, against Claes Teunissen, defendant.
The plaintiff demands payment of a note of ƒ848:-.
The defendant admits that he owes a certain balance of account and offers to pay it with his house, requesting that the plaintiff show his power of attorney.
The court orders the plaintiff to show his power of attorney on the next court day-

Anderies Herbertsen, plaintiff in a case of slander, against the wife of Henderick de Backer , defendant.
The plaintiff says and complains that the defendant in his absence has called him a compound thief who stole her meat out of the tub and her firewood out of her house, which he offers to prove.
The defendant denies having made such accusations, but admits that she said that the plaintiff as her accuser has been the cause of her husband being obliged to pay a fine of ƒ68, as a result of which they had to go without meat and wood.
The parties having been heard, the court orders the plaintiff to furnish the defendant with a copy of his complaint, to which she is to make answer on the next court day.

Jacob Schermerhoom, plaintiff, against Christoffel Davids, defendant.
The plaintiff demands payment of 14 schepels of com, being the balance of a promissory note executed more than 10 years ago.
The defendant denies that he owes the amount, but declares that he is satisfied to pay it if the plaintiff swears to it.
The plaintiff having taken the oath, the court orders the defendant to pay the plaintiff two beavers in specie and 10 stivers in sewant.

Claes Hendricksz, plaintiff, against Gerrit Slechtenhorst, defendant.
The plaintiff demands the defendant’s reasons for forbidding him to build on his own ground.
The defendant says that the ground on which the plaintiff was busy building, belongs to him as lessee, and he maintains that no one has a right to build thereon without his consent during the term of his lease.
The plaintiff exhibits a lease in the defendant’s own handwriting, in the margin of which was written that the plaintiff was to have the use of the area presently in controversy.
The defendant maintains that such use was granted to the plaintiff only to stack his wood there and to use the ground for bleaching purposes, offering to prove the same.
The parties having been heard, the court orders the defendant to prove on the next court day that he has granted the use of the yard to the plaintiff only for the purpose of stacking wood and of bleaching there.

Pieter Loockermans, plaintiff, against Matteus Abrahams,[1] defendant.
The plaintiff demands payment of three and a half beavers.
The defendant admits the debt and offers to pay, provided that the three beavers in the hands of Jan Gauw, which the plaintiff has caused to be attached, shall be left at his disposal.
The court orders the defendant to pay the plaintiff the three and a half beavers. Meanwhile, the attachment of the three beavers is sustained.

Matteus Abrahamsen, plaintiff, against Jan Gauw, defendant.
The defendant failing to appear, default is entered against him.

Foppe Barentsen, plaintiff, against Comelis Vos, defendant.
The defendant submits his defense in writing, of which a copy is asked by the plaintiff.
The court orders the defendant to furnish the plaintiff with a copy of his defense, to which he is to file his answer on die next court day.

Albert Gijsbertsen Rademaecker, requests a certain lot for a garden.
The court will first inspect the place so as to accommodate the petitioner according to its location.

Arent van Curler, as attorney of Adriaen Janssen van Leyden, tavern keeper in the colony of Renselaerswijck, plaintiff, against Marcelus Janssen, formerly farmer of the excise on wine, beer, and liquor sold by the tavern keepers of Fort Orange, the village of Beverwijck, and the dependencies thereof, defendant.
The plaintiff demands the return of an anker of brandy which the defendant about 13 months ago, on his own authority and without the knowledge of and consent of the officer of Fort Orange and the village of Beverwijck, unlawfully seized on the public street and highway and appropriated to himself, for which aforesaid anker of brandy, the principal duly ordered and directed his servant to obtain a retail certificate from the aforesaid farmer, as was actually requested, according to the affidavit filed herewith. The plaintiff requests therefore that the defendant be ordered to restore the aforesaid anker of brandy without loss or damage, all according to law.

Was signed: Arent van Curler.

The defendant requests a copy of the plaintiff’s demand.
The court orders that a copy of the plaintiff’s demand be delivered to the defendant.


Mattheus Abrahamsen in NYCM


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.