Plaintiff Again Victorious

Original digitized document (Plaintiff's Motion for Summary Judgment, page 1 of 3)

Case: Way, Bush & Co. vs. Smith & Crapper & J. R. Scranton (1862)

Document Location: Washington State Archives, Cheney, WA

Subject: Collections, Business

Synopsis: The plaintiffs issued a plethora of allegations for why the amount of several hundreds of dollars was owed to them. As was typical in business vs. business collections cases, the plaintiff usually had more than enough proof to request a summary judgment. The Court ruled that the defendants were required to pay all requested moneys. It is also interesting to note that the plaintiff's attorneys' handwriting was more legible in the "demand" section at the end of the Motion.

Mullan Brothers Company and Defaults during Recession

Original Digitized Document (partial)

Case: H. S. Jacobs v. Mullan Bros. (1861)

Document Location: Washington State Archives, Cheney, WA

Subject: Collections, Business

Synopsis: Businesses defaulted on promissory notes sometimes. The economy was in a recessionary phase during the Civil War. Mullan Brothers, of Mullan Road fame, operated on the credit system as much as most businesses and sometimes defaulted on the payment of hundreds of dollars for goods received. The plaintiff almost always won and this case was no exception.

Transcription:
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District Court of
Walla Walla County

H. S. Jacobs
vs
John Mullan
Lewis A Mullan +
Charles N. Mullan

The plaintiff complains of the Defendants and alleges that said Defendants are copartners in business doing business under the firm name and style of Mullan Bros, and by such name executed and delivered or value received their certain promissory note of which the following is a copy $400 ½. On demand we promis[e] to pay H. S. Jacobs the sum of four hundred $400.00 dollars with interest at the rate of two and half (2 ½) per centum from the twenty sixth (26th) April 1861 of April eighteen hundred & sixty one until paid.
(signed) Mullan Bros

Walla Walla W.T.
Aug. 6, 1861
And the plaintiff states that there is due to plff then on from said Defendants the 26th day of April 1861 at the rate of two and one half percent per month. The plaintiff further says that payment of said sum has been only demanded before the commencement of this action, and the payment thereof [refused].
Wherefore plaintiff pay judgment for said sum of $400-- and interest thereon from the 26th day of April 1861 at the rate of 2 1/2 percent per moth and costs of this action
J. G. Sparks, Atty for Plff

----------------------
Key
[word] = probably the original word
plff = plaintiff
atty = attorney

Public Auction Part 2: The Sheriff's Sale

In the January 3, 1862 Washington Statesman, a "sheriff's sale" advertisement was featured as usual. A debtor defaulted on a loan and the Court ruled in favor of the creditor. This was followed by the not so surreptitious sheriff's sale. Personal assets were involved when the case was a business vs. individual citizen or an individual citizen vs. individual citizen. This 1862 issue announced the sale of John Buseanger's personal property after losing in Court to Christ Kirtz on December 16, 1861. The sale was "to satisfy said execution [from the Court], or so much thereof as may be necessary, and cost and interest, and all accruing interest, costs and charges." The sale had to be public and well advertised so that the victorious plaintiff could get as much money as possible. These sales served the purpose to get maximum financial proceeds to plaintiffs, such as Kirtz. 

The original amount owed was rarely the final amount, because the plaintiff would request payment for court costs and accrued interest. Although not necessarily granted, the sale would help defray court costs. The defendant could lose everything. The creditor received payment, if not a long-term client. The boom-bust cycles of American capitalism were as much a microeconomic as a macroeconomic phenomenon.

Image Source: Washington Secretary of State

Example of a Digitized Primary Source and Transcription

This is a digitized image of the original court document (top portion of page 1 of 2, a sworn oath) written by Clerk B. N. Sexton regarding H. S. Jacobs v. Mullan Brothers. 

The first sentence after the header reads:

"W. A. George being duly sworn in from his oath says that he is one of the attorneys for the Plaintiff in the above entitled Cause, that on the 30th day of April AD 1862 said Plff had received a Judgement in said Court against said Deft for the sum of Five hundred and twenty one & 32/100 dollars and $35.05 costs of suit and that said Judgement bear interest at the rate of 2 1/2 per cent per month."

Source: Washington State Archives-Eastern Branch, Cheney, WA