Showing posts with label economy. Show all posts
Showing posts with label economy. Show all posts

Tuesday, December 2, 2008

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.

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Thursday, November 20, 2008

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:
------------------------------------------

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

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Tuesday, November 18, 2008

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.


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Tuesday, November 11, 2008

Walla Walla and Macroeconomic Historical Trends in the 1860s

Walla Walla was part of the larger trend of Western urbanization during the latter half of the nineteenth century. Complex economies grew with towns. Cary Melvin Rader was part of the westward urbanization phenomenon. His father moved from Indiana to Washington Territory in the antebellum period. Rader became a general practitioner of law in Walla Walla after fighting in the Indian wars of 1853. Although trained in many aspects, he focused on corporate law. [1]

The fact that there were practicing corporate lawyers in Walla Walla in the mid to late 1800s indicates the business boom in the region vis-a-vis urbanization. According to Eugene P. Moehring, in his article "The Civil War and Town Founding in the Intermountain West," the Civil War period saw expanded town formation in a beltway from Arizona to central Washington. Settlers from East of the Mississippi River moved to the West, some fought in the Indian wars, mined for gold, and settled into towns. They all seemed to have a common purpose in wanting to make money and this made Walla Walla a burgeoning trading town. According to historian Alexander C. McGregor, even Kootenay County began relying on the growing trading hub to the south. The Mullan Road was a key route for the transport of gold from mines in Montana and Idaho, because it was the major road that passed through the mining areas. As the terminus town on the Mullan Road, Walla Walla grew as a holding area for metals as they were transported to Wallula and along the Columbia River. [2]

Because the Civil War accelerated white migration to the far West, urban settlement increased exponentially. Walla Walla is one example of urbanization on former "Indian lands. This resulted in the formation of numerous communities, linked together by roads and commercial relationships into urban networks." [3] Walla Walla's growing businesses in the 1860s created demand for corporate (or business) lawyers, not least because of credit defaults.

Despite the population boom in Washington and the West in general, the underlying economic situation was weak because of the Civil War. The war depressed the consumer goods economy while simultaneously increasing the "feverish, wartime speculation in precious metals." [4] The war materiel business was doing well, but Walla Walla was far away from Civil War battlefronts. The town was not a notable producer of war materiel. Armies did not produce goods; therefore, war has historically been known to cause inflation because of the disruption to the civilian market economy. The Kondratieff Wave theory has shown that although the economy expanded in the West, including Walla Walla, it contracted east of the Mississippi River. Four large inflationary spikes since the early 1800s to 2000 all occurred during wartime. People migrated to where they could most likely profit. One of the "troughs" during the "second long wave" occurred during (or because of) the American Civil War. [5]

The "trough" appeared less dire in the West than in the East. Many people became de facto entrepreneurs and moved to where they could start anew. But money was scarce, so credit took the place of the cash-in-hand system. Carville Earle notes in The American Way that "entrepreneurs vastly extended the tissue of credit in ways that provided market access to ceramics, household fineries, and tropical exotica in the one case, and to electrified durables in the other." [6] As seen in cases such as Way, Bush & Co. vs. Smith & Crapper and J. R. Scranton (1862), credit was unstable. Companies could barely rely on each other to pay their debts as agreed because of the tumultuous Civil War recession. The value of money was based on what Bruce Carruthers and Sarah Babb call the "taken-for-granted" system. The government declared paper to be of a certain value vis-a-vis gold bullion. However, the credit system was based even more on the taken-for-granted mentality because credit was the absence of tangible money. The value of credit relied on the debtor's promise to pay for goods received. [7] H. S. Jacobs vs. Mullan Brothers was another civil collections case that exemplified these "promissory" note defaults. Having failed to pay, Mullan Brothers Company was sued by their creditor, H. S. Jacobs. Goods were given with the understanding that payment would eventually be received. Without the credit system, Walla Walla (and the West in general) would not have expanded economically as much as it did.

These civil court cases are representative of the collections cases of the early 1860s. The territorial economy functioned on credit during the Civil War and beyond. The Court settled legal proceedings within a couple of years, generally. Awards amounted to the hundreds of dollars. Collections cases occurred because of a large, yet tenuously regulated, economy.

Notes

[1] Lyman's History of Old Walla Walla County: Embracing Walla Walla, Columbia, Garfield and Asotin Counties, vol. II (Chicago, IL: The S. J. Clarke Publishing Company, 1918), 20-21.

[2] Alexander C. McGregor, "The Economic Impact of the Mullan Road on Walla Walla, 1860-1883," Pacific Northwest Quarterly 65, no. 3 (July 1974), 121.

[3] Eugene P. Moehring, "The Civil War and Town Founding in the Intermountain West," The Western Historical Quarterly 28, no. 3 (Autumn 1997), 319-20.

[4] Moehring, 320.

[5] Carville Earle, The American Way: A Geographical History of Crisis and Recovery (Rowman & Littlefield, 2003), 29; Brian Joseph McCormick, The World Economy: Patterns of Growth and Change (Rowman & Littlefield, 1988), 20-22; John J. Murphy, Intermarket Analysis: Profiting from Global Market Relationships (John Wiley and Sons, 2004), 195.

[6] Earle, 29.

[7] Bruce G. Carruthers and Sarah Babb, "The Color of Money and the Nature of Value: Greenbacks and Gold in Postbellum America," American Journal of Sociology 101, no. 6 (May 1996), 1557.

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Thursday, November 6, 2008

Collections Rendered through Public Auction

Many collections cases were between companies, but some were between individual citizens. The sheriff's office held public auctions to satisfy some Court judgments on collections cases. The following example is between individual citizens. According to the Washington Statesman (January 3, 1862):

"on execution issued out of the district court of Walla Walla county, [...] founded on a judgment rendered in said court [...] in favor of Christ Kirtz and against John Buseanger and Henry Brown, for the sum of twelve hundred dollars and costs, taxed at one dollar, and interest, the following property, to-wit: Lot No. seven (7) in block No. four, (4) according to the plat of survey of the town of Walla Walla, and all buildings and improvements thereon."

In cases where the defendant lost, the Court ordered the sale of the defendant's property to satisfy the debt owed to the plaintiff. The stakes were higher for individual citizens because of their personal liability. Subsequently, flight risk increased, not least because of the rarity of a successful defense in collections matters. In A. H. Whitley v. John Monroe (1861), the defendant was accused of failing to pay for goods purchased on credit. Monroe hired law firm Cain, Bridges, & Gates. They cleverly argued that the case should be dismissed from the Court Docket because of a technicality of jurisdiction, and because "the Complaint is vague and uncertain." The Court rejected the defense firm's argument and ruled in favor of the plaintiff. Once again, the plaintiff won another collections case. If the defendant did not pay according to the Court order, then he may face the loss of his personal assets, as the newspaper article above denotes.

Incidentally, Sheriff James Buckley features prominently in frontier Walla Walla. His signature is found on many documents served to defendants, including the Mullan Brothers cases. So, the sheriff was intricately involved in collections cases, from the summons of appearance to the auctioning of property if the defendant continued to default.

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Thursday, October 30, 2008

Introductory Overview of Frontier Walla Walla Collections Cases

The Frontier Justice records contain a snapshot of the local economy during Washington Territory’s frontier days. Civil cases, including promissory note defaults and collections, provide this snapshot of the 1860s economy in Walla Walla County. Initial research at the Washington State Archives-Eastern Branch yielded case numbers 258 (Brown Brothers & Co. vs. Goodwin, White & Brothers) and 262 (Way, Bush & Co. vs. Smith & Crapper and J. R. Scranton) as additional examples of collections cases in addition to Case #268, H. S. Jacobs vs. Mullan Bros. Both involve businesses as the plaintiff and the defendant. This cluster of records is important for acknowledgement today because understanding more about the territorial economy elucidates some of the motivations for prominent and non-prominent citizens of the day.

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