1849: H. Mallory to John Augustine Bingham

Bingham Home in Monroe, Wisconsin

Bingham Home in Monroe, Wisconsin

This letter was written by someone name H. Mallory who is livid after hearing from his attorney, John A. Bingham (1819-1865) of Monroe, Green County, Wisconsin, that a judge in Green County has issued a continuance on a suit being brought against someone named “Carson.” It seems that Carson has failed to make payment on a note due Mr. Mallory. John Bingham was Green County’s first lawyer and later became Monroe’s first elected judge.

Nothing could be found respecting H. Mallory. It isn’t known if Chicago was really his residence or whether he was simply passing through on business periodically.

Stampless Letter

Stampless Letter

TRANSCRIPTION

Addressed to John A. Bingham, Esq., Monroe, Green County, Wisconsin

Chicago [Illinois]
13 December 1849

John A. Bingham, Esq.
Dear Sir,

Your favor of September last has remained unanswered until the present on account of my absence at the East from 1 August until the first of last week. How could it be that the court would allow a continuance of the suit against Carson when you were a witness that he acknowledges “the debt a just one and that he would pay it soon”? I am disappointed but I ought not to be as Wisconsin is the worst state on this earth for collecting even good debts. If Carson is undoubtedly good, I would make him $100 dollars cost. If he is good when you get judgment, make him pay in the most prompt manner and show him no mercy or levity at all, If it is necessary to rebut the affidavit on this defense, then please write Holsted & Dash, 54 Broad Street, New York, for the name of the delivery clerk of those goods to show that they were good and also for the name of some attorney whom the commission can be taken. This ought to be attended to at once. But this is all fudge — a gammon of Carson’s. He lies outright for making any such pretentious. His name hereafter will not very likely escape my memory hereafter.

The note was delivered me without the slightest apprehension of any defense or def__ about it and neither so I believe there is, but when men will swear false to prolong time on the ____ payment of just dues, then it is difficult to obtain justice in its true light and honorable men must suffer for the perjury of others. But of the facts as they exist, I know nothing except that of the note and that I want collection and am fully confident that you will succeed in doing so unless I have been misinformed with regard to Carson’s sooner p_____ ability.

I shall be absent again about six or eight weeks & in my route may pass through Monroe, and if I do, shall try and gratify my curiousity with a full view of that man Carson.

If there is doubt of Carson’s ability to pay or fear of his ______ his property to avoid the judgment, then be cautious about making cash but otherwise if he able and will not dodge a judgment, then push him hard. I have no fears but what you will get a judgment but of the other facts must depend on you.

Respectfully yours, — H. Mallory

P.S. Get judgment next court if possible.

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