Jesse G. Lindell v. Bank of Missouri
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St. Louis Circuit CourtCircuit Court

Jesse G. LindellJesse G Lindell
vs
The President Directors &
Company of the Bank of MissouriBank of Missouri
On execution of fieri facias.

And the said William ClarkWilliam Clark summoned
as garnishee on the execution in this case, in answer to the alle-
gations & interrogatories filed therein, says

1 In reply to the first interrogatory, that at the time he was sum-
moned as garnishee in above case, he was not, nor hath he been
since, a debtor of said defendants in any sum, nor is he now such
debtor.

2. In reply to the record Interrogatory, he says that at the time he
was summoned as garnishee in this case he was not, nor has he
been at any time since, nor is he now indebted to said defen-
dants for money lent to him by the defendants and never repaid
nor for any other cause, nor in any way.

3. In reply to the third interrogatory he says that at the time
when he was summoned as garnishee in above case he was not,
nor hath he been since, nor is he now, indebted to said defen-
dants, upon and in virtue of any promissory note or notes.

4. To the fourth interrogatory he answers that at the time he was
summoned as garnishee in said case he was not, nor has he
been since, nor is he now, indebted to said defendants upon &
in virtue of any judgment or judgments of said St. LouisSt Louis Cir-
cuit Court or of any other Court.

5 . To the fifth interrogatory he answers and says that at the time
when the said President Directors & Company of the Bank ofBank of Missouri
MissouriBank of Missouri ceased to transact the business, of banking he was indebted
to said defendants as he believes, in the sum of four thousand dol-
lars and the
said defendants were indebted to this respondent in the sum
of eleven hundred seventy five dollars eighty five cents for a de-
posit leaving the balance of two thousand eight hundred twenty
four dollars fifteen cents due by this respondent to said defen-
dants. This defendant further say, that a note for said sum
of four thousand dollars was given by him, & was probably
renewed several times; and the last renewed note for said sum
was dated April Twenty third in the year eighteen hundred and
twenty two payable at Sixty days; which note, on or about the
first day of June in the year of our Lord one thousand eight hundred and twenty two, before the same was due, was trans-

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ferred assigned and delivered by said defendants (with a credit endorsed for the amount
of said deposits) to certain persons appointed by the defendants
TrusteesTrustees , for the purpose of paying off the deposits in said Bank & the bank
notes of said Bank in circulation: which TrusteesTrustees consisting of
Bernard PratteBernard Pratte , John O FallonJohn O'Fallon & others accepted said trust and provided
to act thereunder and have been since, as he believes, and are still
acting thereunder; and that said trust was created by a formal
deed of trust. and he says further that within less than six
months after his said note became due, he paid up the balance
due thereon in full to John O FallonJohn O'Fallon the acting trustee with
interest, and his said note was thereupon delivered up to this
respondent & cancelled, and he avers that the said trustees were
authorized and required, to collect said note among other se-
curities put into their hands & to settle the same, and this respon-
dent, after this lapse of time, cannot now recollect, nor has he
been able to ascertain, whether at the time referred to in said
fifth interrogatory, he was indebted to said defendants in any other
or further sum: but is positive that if he was so indebted,
he, within a short time thereafter paid said debt or debts in
full: but how or in what manner he paid them, he has not
the least recollection.

And this respondent further says that if he was indebted to
said defendants at the time in said fifth interrogatory specified,
other than as aforesaid, such cause or causes of action
did not accrue to said defendants at any time
within five years next preceding the time of service of said
notice on this respondent in this case.

And this respondent further says that he has been informed, & there
fore charges the fact so to be, that before the fieri facias issued on
which he has been garnishee, the said President Directors & Company of the
Bank of MissouriBank of Missouri , ceased to have corporate powers & privileges, & became
extinct as a corporation, so that any debt or debts if any such were
or had been previously due to said defendants by this respondent, were
not due to them when said execution issued, nor when said
notice was served on this this respondent.

And this respondent further says that he has been summoned
as garnishee likewise on executions of Bejnamine Ive Gilman administrator
of JosephJoseph Gilman, & of Robert D. Dawson, & of Arend RutgersRutgers & of
Jesse G. LindellJesse G Lindell , to which executions and the proceedings thereon
he refers as part of this his answer.

LindellLindell vs Bank