Jesse G. Lindell v. Bank of Missouri
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Jesse G. LindellJesse G Lindell & vs. the President, Directors
and Company of the bank of Msri.. Two
Cases.

The answer of Thomas HThomas H Benton . BentonThomas H Benton , sum-
moned as a garnishee in these cases.

This respondent protesting that he
is not bound to answer as to any indebtedness to the
bank of MissouriMissouri prior to the time that he was sum-
moned as Garnishee in the above cases nevertheless
answereth and saith. That he was indebted to
said bank of MissouriMissouri at the time it ceased to
do business as a Bank which was about the
year 1821, for money lent to him, and secured
to be paid by promissory notes endorsed accord-
ing to the rules of the bank, that soon after said
bank ceased to do business he was informed &
believes it to be true that his debt to said Bank
was transferred to the United StatesUnited States in part pay-
ment of a debt due from the bank of Mis-
souri to the said United StatesUnited States, and he knows that
a judgement was afterwards obtained against him
in the St Louis Circuit CourtCircuit Court on said transferr-
ed debt for about the sum of seven thousand
dollars for the use and benefit of the United StatesUnited States
which judgement remaining unpaid, the notes on
which the same was founded as the respondent
has been informed & believes to be true were put
in suit in the United StatesUnited States Circuit or DistrictCircuit Court
CourtCircuit Court in the State of Tennessee, which suit
was depending and unfinished when the respon-
dent last heard from it. And this respondent
further answering saith that he was a Stock-
holder in said bank of MissouriMissouri and sub-
scribed for ten shares which were duly paid
in according to the act incorporating said bank
and also that he bought certain other shares which
according to the provisions of the Charter were duly
paid in as he was informed and believes and

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that a loan was made to him on his promissory notes
and on a pledge of this Stock thus paid in, but
how much this respondent cannot recollect and
has not been able to obtain access to the books
of the bank to ascertain it, and does not know where
said last mentioned notes are or whether they have
been assigned or transferred away

And for further answer to said interrogatories,
this respondent says that he has been informed,
and so charges the fact to be, that before the
execution in the said case in which he has
been summoned as a garnishee, was issued,
the said President, Directors & company of the
Bank of MissouriBank of Missouri , ceased to have corporate
powers and privileges, and was dissolved &
became extinct as a corporation and dissol-
ved, so that any debt or debts (of there
were any such previously owing by this
respondent to said defendants, were
not owing to them at the time when this
respondent was summoned as a garnishee, or
at any time since.

This respondent further answering saith that
he does not recollect the dates of any of the
notes on which he was indebted to the
bank of MissouriMissouri, and claims the benefit
of the Statute of Limitations if any such
notes shall be produced against him and
subject to be barred by that statute, in
the same manner as if he had been
by the bank of MissouriMissouri at the time
that he was summoned as a garnishee
in these cases.