Action of Andries de Vos against Paulus Lendersen (van der Grist)

Scanned Document:

Ordinary Session Held in Fort Orange
June 11, 1657

President, Johannes Lamontagne
Jacob Schermerhoom
Philip Pietersen
Abraham Staets
Jan Tomassen
Adriaen Gerritsen

Anderies de Vos, plaintiff, against Poulus Leendersen, defendant.
The plaintiff demands payment for ninety-one pine planks delivered to the defendant by Adam Roelantsen, to whom the plaintiff sent them four years ago to have said planks sold on his account at the Manhatans by Henderick Anderiessen, requesting that the said Henderick Anderiessen by his order may be cited and examined in the matter, producing also a note signed Poulus Leendersen vande Grist, whereby he acknowledges the receipt from Adam Roelantsen of ninety-three planks, at 25 stivers apiece, and offers to give security for all further demands.
Appeared before the court, Henderick Anderiessen, who at the request of Anderies de Vos declared that about four years ago he was asked by the said Anderies de Vos to take some planks to the Manhatans and to deliver the same to Adam Roelantsen, to be sold there on account of Anderies de Vos, which the deponent did, having delivered the said planks to Adam Roelantsen.
The defendant admits the receipt of the planks and that he wrote and signed a promissory note for them, but declares that he did not use them for himself, but for the city of Amsterdam in New Netherland, protesting that, according to the great burgher right granted to the city of Amsterdam in New Netherland, he cannot be cited before this court nor be attached.[1]
The court, considering the great loss which the plaintiff has suffered by being deprived of his money for so many years, as well as his present need and the fact that the promissory note is absolutely, without any restriction, made payable by the defendant, condemn the defendant to pay the sum of one hundred eighteen guilders, fifteen stivers to the plaintiff according to his own note, within the space of six weeks. Meanwhile, he is here, before his departure, to give sufficient security for the payment of the aforesaid sum, allowing him to bring such action for the recovery of the sum as the law may indicate.
On June 14, 1657, I, the court messenger of Fort Orange and the village of Beverwijck, served the above judgment on Sr. Poulus Leendersen vander Grist and read it to him in the name of the court, which said Vander Grist answered, “I appeal the judgment. I shall presently call on the Heer La Montagne to have the appeal entered.”

Was signed: Lodovicus Cobus,
court messenger.

On June 14, 1657, there appeared before me, Johannes La Montagne, commissary of Fort Orange and the village of Beverwijck, etc., the Honorable Poulus Leendersen vander Grist, who declared that he appealed, as he appeals hereby, the judgment given against him by this court in the suit between him and Anderies de Vos, requesting a writ of appeal, which is granted him on condition that according to law he here pledge the sum in question either by depositing it with the court or by giving sufficient security. Actum ut supra.

Labite, plaintiff, against Jillis Pietersen, defendant.
The defendant, failing to appear, default is given against him.

Default. Pieter Bout, plaintiff, against
Default. De Backer, De Kuyper, and Juffrouw t’Hulter, defendants.

Default. Jacobus Teunissen, plaintiff, against
Default. Teuwes Abrahamsen, defendant.

Pieter Bronck, plaintiff, against
Default. Adriaen Appel, defendant.

Egbertjen, wife of Teunis Metselaer, plaintiff, against
Default. Jan Gouw and Poulus Jurcksen, defendants.

Abraham Staets, plaintiff, against
Default. Harmen Jacobsen, defendant.

Default. Harmen Jacobsen, plaintiff, against
Default. Susanna Bierkakers,[2] defendant.

Frans Barentsen, plaintiff, against
Default. Jan van Breemen, defendant.

Tomas Janssen Mingael, plaintiff, against
Default. Jan Roeloffsen, defendant.

Default. Baefien Pietersen, plaintiff, against
Default. Willem Leendersen, defendant.

Default. Willem Geelgieter, plaintiff, against
Default. Claes Ripsen, defendant.

Marcelus Janssen, plaintiff, against
Default. Abraham Vosburch and Mattheus Abrahamsen, defendants.

Michiel Rombouts, plaintiff, against
Default. Poulus Jurcksen, defendant.

Rem Janssen, plaintiff, against
Default. Sijmon de Backer, defendant.


According to the privileges and exemptions of the great burgher right, established on January 30, 1657, for the city of New Amsterdam, a great burgher of the city was not subject to arrest by any inferior judges or courts of New Netherland; see LO, 300.
Susanna Jansen, the wife of Marten Hendricksen Bierkaecker


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.