Received and read the petition of Claes Theunissen, showing that he finds himself greatly injured by the sentence of the honorable burgomasters and schepenen of this city, dated the 8th of this month, between him and Pieter vande Linde, because in the said sentence he is ordered to accept and keep a batch of rotten tobacco, bought by Pieter vande Linde (whom he ordered to buy good tobacco), and which was charged to his account at 5 stivers per pound, notwithstanding the fact that the said tobacco was found to be absolutely spoiled and of no value (as he says).[i]
Received the written claim of Claes Teunis, plaintiff by court order in the writ of appeal, against Pieter vander Linde, defendant in the same case. The claim having been read to the defendant, he requested a copy in order to reply on the next court day, which he was granted. Dated as above.
The director general and councilors of N: Netherland, having received and read the writings, documents, and papers delivered in the meeting by Claes Teunissen, plaintiff, and Pieter vander Linde, defendant in a writ of appeal, have resolved and deemed necessary before proceeding to pronounce judgment, to have the three barrels of tobacco in question standing at the farm of Cornelis Aersen examined and looked at by experts, and to collect their report on the quality and value thereof. The Srs. Johannis Pietersen Verbrugge and Pieter Jacobsen Buijs are hereby appointed and authorized to do this.
[several lines lost] even [ ] matter between [ ] plaintiff in a writ of appeal and P[ ieter ] vander Linde, defendant.[ii]
Having read the documents of the legal proceedings between Claes Theunissen, plaintiff in a writ of appeal, against Pieter vande Linde, defendant, about six hogsheads of tobacco [ were ] bought by the defendant, either as agent or as broker, and partially delivered to the plaintiff on the defendant’s word and in good faith. But upon opening it, the tobacco was found to be entirely bad, as was stated by persons trustworthy in that matter, who judged the aforesaid tobacco not worth the freight. It serves as a notification that according to law, the plaintiff, being cheated for more than half, is not required to receive the tobacco; even more so, because from the enclosed statement it can be deduced that he was cheated herein by his agent broker, or employee, because he, defendant, upon the delivery of the tobacco did not allow the plaintiff, his master, to take a look at it; he at least diverted him from it by telling him, and repeating, that he did not need to look at it, but that he should receive it just upon his word, and that [ they ] [several lines lost] [ ] provided [ that he keeps ] [ ] first seller in such a way that [ ] might have [ ] compensating the costs made herein. Dated as above.
Recommendation written by the honorable lord Nicasius de Sille himself: N: de Sille concludes that Pieter van der Linde will have to take back the three hogsheads of tobacco delivered, and that he shall return the hundred guilders in sewant together with the 14 pieces of eight that were paid by Claes Theunissen; further, that he shall pay the legal costs because Pieter vander Linde had been employed to buy good choice tobacco, and to the contrary, according to the statement thereof, bought tobacco that was pressed too deep,[iii] had a bad smell, and was mostly rotten and estimated not worth a stiver. Dated as above.
Recommendation written by lord Pieter Tonnemans himself: Pieter Tonneman, concerning the matter in question between Claes Teunissen as plaintiff herein on the one side, and Pieter vander Linde, defendant herein on the other side, about the sale of undeliverable tobacco [several lines lost] shall be held [ ] or else [ ] to deliver good [ tobacco ] in its place [ ] of this second item or proposal to reimburse him, the aforesaid [ Claes ] Theunissen, such certain sum of money as he, his attorney, or someone on his behalf, should have received for it on account, with compensation of costs, or each to carry half of the expenses, provided that Pieter vander Linde keeps his claim for compensation on the first seller.
Recommendation written by the lord Johan de Deckere himself: It is his opinion, under correction, p salvo meliori judicio, because it should be supposed that Pieter vander Linde, in buying the tobacco in question at Claes Theunissen’s request as a courtesy, was in good faith (at least he [ De Deckere ] is not convinced of the contrary), and that, although cheated, he is not held to accept the aforesaid tobacco for his own account, much less to reimburse the money that Claes Theunissen had advanced as a reduction of the money loaned; by requesting someone else in friendship to buy something, one subjects himself to the judgment and business of the person who is asked at his own risk.
[several lines lost] burgomasters and schepenen [ ] date 8 April last against [ Claes Theunissen, ] plaintiff, and Pieter vander Linde, defendant, in a writ of appeal, which, having been read, re-read, and examined, it is found by the statements of trustworthy witnesses that the tobacco in question, bought for the plaintiff by the defendant either as agent or as broker, and on his word and fidelity partially delivered to the plaintiff, is entirely bad, yes, not worth the freight, so that the plaintiff was cheated thereby for far more than half. Having considered and pondered everything that may be useful in the matter, it is agreed and judged with a majority of votes that the said barrels of tobacco in question shall be charged to the defendant, and that the defendant shall reimburse the plaintiff the hundred guilders in sewant and the 14 pieces of eight that were paid by the plaintiff for the said tobacco, provided that he keep his claim for compensation on the first seller, so that he may have something from him to compensate the expenses made herein. Dated as above.
