22 February, Tuesday.
The director general and lords councilors having seen the reply of Adriaen Blommert, defendant, against [ ] plaintiff, it was [ ] to place copies thereof in the hands of the parties [ ] supra.
To the honorable lord director general and lords councilors of New Netherland.
The petitioner remonstrates to your honors with proper respect that there came via the ship de Gelderse Blom a chest with goods and nine anckers of brandy consigned to a certain Jacques La Moth, being the petitioner’s good friend and companion, which aforesaid La Moth had departed for the North[1] before the arrival of the aforesaid ship in order to transport himself from there to France by way of Holland; however, in hopes of still finding him in the North, the petitioner traveled there, but he had already left, and whereas Mr. Stephen Goodjer informed him that La Moth had left indebted to him, he paid him the same as appears by the receipt attached here; and whereas he [ was indebted ] to the petitioner before his departure, as appears in the annexed promissory note, he respectfully requests, because the aforesaid La Moth having no other friends here than the petitioner, that your honors be pleased to allow him to place the aforesaid goods under security in order to preserve the same until his return, or to trade them for his profit as the nature of goods shall demand, so that he thereby may get back his advanced monies. Which doing etc. (Below was written:) Your honors’ humble servant; and was signed: X This is the mark made by Nicolaes Bernard of his own accord. Stuyvesant.[2]
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The foregoing petition having been read at the session, after deliberation, it was decided as follows:
The petitioner is permitted to take possession of the goods sent to La Moth via the ship de Gelderse Blom, provided that security be posted for the same according to the promise and offer. Done at Fort Amsterdam in New Netherland. Ady ut supra. (Was signed:) P. Stuyvesant, Nicasius de Sille, La Montagne. 22 February 1656.
The burgomasters and schepens of this city dealt with this matter further, as appears by their resolution dated 25 April 1657.[3]
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Adriaen Vincent Borger and in [ ] the plaintiff requests in the aforesaid [ ] 1655, consigned via the ship de Gelderse Bloem to Jacques de La Moth, costing in Holland, according to the bill of lading, with expenses, the sum of three hundred and twenty guilders, which has been [ ] and administered here by the defendant, without having returned any thereof, and because the defendant refuses to pay him, which he was condemned to do, and the costs of the proceedings.
The defendant’s wife appearing with a translator, because she is unable to speak Dutch well at the session, said that such merchandise was sent in the year 1655 to [ ] Lamotte, and whereas he, Lamotte, had departed from here just before the arrival of the same, therefore Nicolaes Bamert, a partner of the aforesaid Lamotte, placed the goods under security by order of the director general and councilors. Which goods were accepted by them, with the defendant as security, for the value of five hundred and fifty-six guilders assessed by two impartial merchants of this city, provided that the freight costs, 4 percent [ duty ], salary, and other items be discounted, as well as that which was honestly owed them by the aforesaid La Motte; and whereas they [ ] freight, salary [ ]
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granted a proper receipt [ ] dunning [ ] claiming to be able to pay therewith.
The plaintiff replicates and claims that no more than the incurred expenses of freight, salary and 4 percent [ duty ], being expenses on the goods, can be entered into the account for the defendant, and that he is not obliged to be satisfied with the valuation.
The defendant, retorting, requests whereas there was a sealed note addressed to the aforesaid La Motte among the papers accompanying the goods that the same be opened; he claims that the contents shall indicate to whom the goods belong.
The honorable magistrates having opened the aforesaid note at the session, as well as having examined, considered, and deliberated on the papers produced by the parties and the allegations on both sides, they find in the aforesaid note that La Motte’s father had ordered the aforesaid Gulian le Februe to send the aforesaid goods to La Motte; however, because La Motte was not present when the goods arrived, and it was not certainly known where he was, and consequently the goods or the profit therefrom could not be delivered to him, but that the plaintiff has orders from the [ ] La Febme to return to him what was left. There the honorable magistrates have decided and ordered that the defendant Adrian Vincent [remainder lost]
