Document: Court proceedings: Capt. Thomas Adams vs. Cornelius Houtewall

Holding Institution
Document ID
NYSA_A1809-78_V05_0097a
Description

Court proceedings. Capt. Thomas Adams vs. Cornelius Houtewall, action for non-fulfillment of contract; plaintiff exhibits the contract and a judgment of the court at Hartford, delivered 1st September, 1652, against defendant; referred to arbitration.

Document Date
1653-01-23
Document Date (Date Type)
1653-01-23
Document Type
Document Type Unlinked
Court proceedings
Full Resolution Image

Translation
Translation

[ First several lines are lost. ]

. . . Brian Newton, fiscal.

Thomas Adams, plaintiff, against Cornelys Houte[ wael ]; the plaintiff complains that the defendant agreed to his contract and requests that he receive satisfaction for his deficiencies or that he honor the contract.

The director and council having heard the parties, order them to submit their testimony in writing within 24 hours for reply or else to settle with one another.

Houtewaal chooses as his arbitrators: Govert Loockermans and Jacob Wolfertsen; and Thomas Adams chooses: David Provoost and Carel van Brugge.

Captain Tomas Adams, plaintiff, against Cornelis Houtewael, defendant; the plaintiff appears at council, exhibiting a certain contract which he made with the defendant, together with letters from the defendant to the plaintiff written about this matter, as well as an order from the court at Hartfoort, in which he, the plaintiff, was condemned to pay f40 sterling for damages which the sellers have suffered by lack of payment.

The defendant responded to this saying that he made the contract and wrote the letters; however, that his papers, proof and [ ] which he had to the contrary, were given to the notary, Schuyluyn.[1]

The director-general and council having heard the parties on both sides concerning the falsehoods reported by the defendant to the plaintiff as shown in the letters, as well as the plaintiff's complaint of great damage and loss which [ ] according to the court at Hartfoort on 4 December 1652,[2] old style, [ ] ; we therefore [ ] in order to assure the plaintiff, and order the parties [ ] as soon as possible . . . [ Last several lines are lost. ]

Translation Superscripts
[1]: Dirck van Schelluyn.
[2]: There is no record of this case in the court at Hartford.
References

From the collections of the New York State Archives, Albany, New York.  https://www.archives.nysed.gov/  

Translation link see: http://iarchives.nysed.gov/xtf/view?docId=tei/A1809/NYSA_A1809-78_V05_0097a.xml

Published bound volume is also available: Translation: Scott, K., & Stryker-Rodda, K. (Ed.). New York Historical Manuscripts: Dutch, Vol. 4, Council Minutes, 1638-1649 (A. Van Laer, Trans.). Baltimore: Genealogical Publishing Co., Inc.: 1974.

Copyright to the published bound volume is held by the Holland Society of New York.
A complete copy of this publication is available on the
New Netherland Institute website.

To Party 1
To Party 1 Text Unlinked
Cornelius Houtewall
To Party 1 Entity
From Party 1
From Party 1 Text Unlinked
Thomas Adams
From Party 1 Entity
From Party 2
From Party 2 Entity
A1809 Additional Party
Document Location