 Van Dam durst replying that, before he might comply for such demands, Cosby should return the privilege fortunes, which were being defalcated out of the English treasury for fake provincial expenditures, by Cosby since his appointment.Cosby assumed in August 1732 but Van Dam refused to take his corresponding oath of councilman.Cosby was enraged by Van Dam's stubbornness so he filed a lawsuit against him to despoil the half of his acting governor salary.