First Among Equals:
Plaintiff's Win Collections Cases
"Summary of Claim"
By Adam Attwood
Overview: In H. S. Jacobs vs. Mullan Brothers (1862), H. S. Jacobs, sued Mullan Brothers for failure to pay a promissory note. This subject places this case into the “collections” cluster of the civil cases. The court ruled in favor of the plaintiff and awarded a sum of $521.32. Similarly, in the Brown Brothers case (258), this was a failure to pay a credit balance.
Source: H. S. Jacobs vs. Mullan Brothers (1862). Case 268. Frontier Justice Records. Washington State Archives-Eastern Branch, Cheney, WA.
Subject: Collections, Business
Synopsis: This opening document includes the plaintiff’s attorney swearing-in and a summary of the claim. A Stay of Execution against the judgment for five months was upheld, but the defendant was required to pay interest in cash or securities (or some combination) on that extra time allowance.
Territory of Washington
County of Walla Walla
H.S. Jacobs, Plff.
Mullen Bros., Defts
W.A. George being duly sworn in from his oath says that he is one of the attorneys for Plaintiff in the above entitled Cause, that on the 30th day of April AD 1862 said Plff had and 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 2½ per cent per month. That on the 10th day of June 1862 said Deft made and executed as principle, a bond for the Stay of Execution upon said Judgement for the term of five months, to wit, from said 30th of April to the 30th September 1862, that Samuel Linkton and Samuel D. Smith signed and executed said Bond as securities for the payment of said Judgement interest & costs at the appreciation of said Stay which said Bond thus made & executed was then and there approved by the Sheriff of said County, he the said Sheriff then having an execution upon said Judgement against the property of Deft that on the 23rd day of June 1862 said Sheriff returned, said execution and Bond into the office of the Clerk of said Court which Bond was then and there filed by the said Clerk. That some of said Judgement interest—or cash—have been paid, but that there is now due there on the sum of Six hundred and two 75/100 dollars principal and interest besides Cash and accruing cash which costs amount at the present time amount to $45.54 making in all the sum of $648.49 for which Plff pays Judgement against said Securities, Linkton & Smith and for cash according to the statutes in such cases made and provided that the reason this affidavit is not made by Plaintiff is that he is not in this County. W.A. George
Subscribed and sworn before me this 7th day of Nov. AD 1862
B.N. Sexton [signed]
Transcribed by Adam Attwood