Anno 1656, 20 July Thursday.
In session, present: the honorable lord director general Petrus Stuyvesant and the honorable lords councilors Nicasius de Sille and
J. La Montagne.
Having received and read the papers and documents produced by Jacobus Schillinger, as plaintiff, against Adriaen Post, empowered defendant and plaintiff in counter-suit; the plaintiff requesting payment of a bond dated 16 August 1653 for ƒ1150:0– with interest, signed by Cornelis Melijn, L. van Dinclagen, and Jacob van Couwenhoven, according to the bond claimed by the representative of the lord Van Capelle; which bond, signed by the three aforesaid signatories was promised to be paid to the plaintiff from the first cargoes that the lord Vander Capelle was supposed to send in 1653, at the latest 1654, placing as special mortgage the four small farmsteads of the aforesaid lord Vander Capelle situated on Staten Island.
The defendant and plaintiff in countersuit, maintains that the aforesaid bond was not intended for him but for the account of the aforesaid signatories, and in particular for the account of Cornelis Melijn, as he has a bill of exchange drawn on his former servant, the farmer of the agricultural personnel of the lord Van Capelle, as well as a chest of linen, as redemption of the aforesaid bond.
The director general and councilors of New Netherland having examined, considered, and contemplated what may be relevant from the documents, we judge that the plaintiff, Jacobus Schellinger, has chosen the wrong party because there is no document in which Adriaen Post, defendant and plaintiff in countersuit, has received or made use of any money from the plaintiff or has signed any bond.
Concerning the bond in question, signed by Cornelis Melijn, Lubbert van Dincklage and Jacob van Couwenhoven, the director general and councilors further judge that the aforesaid persons first and foremost ought to be called upon about it to show their qualifications as attorneys and administrators, in the meantime, keeping mortgaged the four small farmsteads and livestock, mentioned in the bond, as better proof and liquidation of the account.
Concerning the other question of a calf, the third of an ox, and the plaintiff’s claim in countersuit over security of Staten Island, the director general and councilors, having no familiarity with the above, order that the parties each shall select an arbitrator; or finding displeasure therewith, to place their case before the subaltern court. In the meantime, the lords director general and councilors condemn each party to bear their own expenses up to this point. Thus done in session of the honorable lord director general and councilors of New Netherland held in Fort Amsterdam. Dated as above.
