Jesse G. Lindell v. Bank of Missouri
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To the President Directors and Company
of the Bank ofBank of Missouri MissouriBank of Missouri

Take notice that on monday next
the thirteenth of this month, between the
hours of eight oclock in the morning and
six in the afternoon of that day, at the office
of the clerk of the Circuit Court of the CountyCounty of St Louis
of St LouisCounty of St Louis, depositions of witnesses will be taken,
to be read in evidence in a certain matter
of controversy now depending, on motion, in
the Circuit CourtCircuit Court of St Louis County, between
Jessee G. Lundell and the said President
Directors and Company of the Bank of Mis
=souri, relative to certain promissory notes
of the said president directors of company.

St LouisSt Louis, Wednesday
June 8th 1825

for J.
G. Lindell

Served a copy on J. F. Riddick June 8th 1825

E. BatesEdward Bates

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J. G. Swindell

vs = Copy

Bk: MissouriMissouri

Notice to take depos=
=tions.

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Opened & Filed 14th July 1825

Archd GambleArchibald Gamble

The Clerk of the Circuit Court
of the County of St LouisCounty of St Louis

Depositions
Lindel
vs
Bank of MissouriBank of Missouri

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Depositions of Witnesses produced sworn and examined on the Thirteenth day of June in theYear of our Lord One Thousand Eight hundred and twenty five between the hours of Eight
o Clock in the forenoon and Six of the Clock in the afternoon of that day at the office of the
Clerk of the Circuit CourtCircuit Court in the City of St LouisCity of St Louis in the State of MissouriMissouri before me PeterPeter
FergusonFerguson a Justice of the Peace within and for the County of St LouisCounty of St Louis & State aforesaid in
conformity with a notice to take the depositions of Witnesses in a certain cause now
depending in the Circuit Court of the County of St LouisCounty of St Louis between Jesse G. LindellJesse G Lindell Plain-
tiff and the President directors and Company of the Bank of MissouriBank of Missouri defendants on
the part of said Plaintiff - Robert WashRobert Wash being duly sworn deposeth and saith that
on the third day of October in the Year Eighteen hundred and twenty one I pre-
sented to Louis BompartLouis Bompart then the Cashier of the Bank of MissouriBank of Missouri or acting in that
capacity at the Banking house of the Bank of MissouriBank of Missouri in the Town of St LouisSt Louis, some-
where about noon of that day for payment. Three Twenty dollar notes, Fifty Six
Ten dollar notes and Thirty Six-five dollar Noted, which are particularly described
in a Notice Served by John SimondsJohn Simonds Jr deputy Sheriff of the County of St LouisCounty of St Louis on HenryHenry
Honpheel one of the Directors of the Bank of MissouriBank of Missouri on the 3rd day of October in the year 1821. & filed in the Clerks office of the Circuit Court of the County of St LouisCounty of St Louis on the
4th October 1821 - which notes were presented to be filed in the Clerks office of the Circuit CourtCircuit Court
of St. Louis County on the 4th October 1821 and were as this deponent believes entered as
filed by the Clerk of said Court as may be seen by the memorandom written above his
name on each of said NotesNotes - the payment of which said NotesNotes was then & there refused
by said Louis BompartLouis Bompart acting as cashier as aforementioned

sworn to and Subscribed before
me the 13th June 1825.
PeterPeter FergusonFerguson
Justice of the Peace
County St LouisCounty St Louis
State of MissouriMissouri

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Archibald GambleArchibald Gamble being sworn
deposith and saith, that as Clerk of
the Circuit CourtCircuit Court for the county of St. LouisSt Louis
upon a Judgement obtained in
said Court on the 4th Oct. 1821 by Jesse GJesse G Lindell
LindellJesse G Lindell against the Bank of MissouriBank of Missouri
for the sum of $800 with the penalty
thereon filed the notes upon which the Judgement
was rendered as Clerk
I endorsed upon each note the date of filing
the same and subscribed my name to each
I have this day examined thirty six five
fifty six Ten and three twenty dollar notes
of the Bank of MissouriBank of Missouri , and find en-
dorsed upon each the words âfiled Oct 4 1821â
A GambleArchibald Gamble Clk in my handwriting as I believe

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After the reversal of the aforesaid Judgement
by the Supreme CourtSupreme Court . the notes upon which
It was rendered were returned to Mr LindellLindell

Sworn to and Subscribed before
me 13th June 1825
PeterPeter FergusonFerguson
Justice of the peace - County St LouisCounty St Louis
State of MissouriMissouri

A GambleArchibald Gamble

Justices fees Deposition 36 2 Oaths 12 Certifying - - 50 $ 0.987
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County of St LouisCounty of St Louis Sct; The State of MissouriMissouri

To the Sheriff of the County of St LouisCounty of St Louis
Greeting

Whereas Jesse G LindellJesse G Lindell at our Circuit CourtCircuit Court for the County of SaintCounty of Saint Louis
LouisCounty of Saint Louis by the Judgement of our said Court at the October Term thereof
in the year one thousand Eight hundred and twenty two on the first day
of November in the year aforesaid recovered against the President
Directors and Company of the Bank of MissouriBank of Missouri the Sum of Two hundred
and ten dollars the amount of the notes described in the notice upon
motion for Judgement against the said President Director and Company
of the Bank of MissouriBank of Missouri together with the penalty of Five per cent per
month on the amount appearing to be due on the face of each and every
of said notes respectively from the fourteenth day of October Eighteen Hundred and twenty two until the same should be paid and also his
costs and charges by him about his wit in that behalf expended
whereof the said President Directors and Company of the Bank of MissouriBank of Missouri
are convict as appears to us of Record and now on behalf of the said Jesse GJesse G Lindell
LindellJesse G Lindell we have been informed that although Judgement be thereof
given yet Execution still remains to be made of the aforesaid Debt penalty
and costs wherefore the said Jesse G LindellJesse G Lindell has besought us to provide
a proper remedy in this behalf and we being willing that what is
right in this behalf should be done command you that by good and
lawful men of your county you make known unto the said President
Directors and Company of the Bank of MissouriBank of Missouri that they be and appear
before the Judge of our said Circuit CourtCircuit Court at the next term thereof to be
held at the City of St. LouisCity of St Louis within and for the County of St. LouisCounty of St Louis on the
fourth Monday of November next then and there to shew cause if any
they have or know of any thing to say why the said Jesse G LindellJesse G Lindell should
not have his Execution against them according to the force form and
Effect of the former recovery if it shall seem Expedient for him so to do
and have you then there this writ and the names of those by whom
you known the same

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Witness Archibald GambleArchibald Gamble Clerk of our said Court
at office this Twenty Second day of October One Thousand Eight Hundred and Twenty nine

Archibald GambleArchibald Gamble Clerk

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Judgement & revived Book 5 page 483
motion & leave to take out to any County
in this State same book page 484

A GambleArchibald Gamble Clerk

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Executed this writ on Thomas F Reddick, the last President of the Bank of MissouriBank of Missouri 2 Nov.
1829. He refuses to hear the writ read - On Joseph Philipson one of the last auctions
of the Bank of MissouriBank of Missouri November 4. 1829 He refuses to hear the writ read and know
- On Louis BompartLouis Bompart last cashier of the Bank of MissouriBank of Missouri
November 6. 1829 He refusing to hear the writ read and acknowledging service
all done in the City of St LouisCity of St Louis in presence of John Doe and Richard Doe
two good & lawfull men by whom the same was made known to them
to Answers

Sworn $ 3.00

R SimpsonR Simpson Shff

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No. 79
St. Louis Circuit CourtCircuit Court
November Term 1829

Jesse G LindellJesse G Lindell
vs
The President Director & Company
of the Bank of MissouriBank of Missouri

to revive Judgement

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Jesse G. LindellJesse G Lindell
vs The President Director & Co.
of the Bank of MissouriBank of Missouri

The said Plaintiff Jesse G. LindellJesse G Lindell
being duly sworn says, that, he has two me

Judgments of this, Court against the
said defendants, on one of which he has issued
an execution which he believes will be without
any beneficial result. He does not know of
any property of the said defendants in the CountyCounty of St Louis
of St. LouisCounty of St Louis out of which his said that debts can be
made, and believes there is no remembered
property. He further says he has reason to
believe that there is property of the defendants
in other counties of the State, which might
he sibjected in whole or in part to the
payment of the debts one this affiant

Sworn to & subscribed

in open Court January 28th 1830

J. G. Lindell

A GambleArchibald Gamble Clk

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J. G. Lindell

affidavit
Bk: if Moâ

application for you to
other counties

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Jesse G. LindellJesse G Lindell , plaintiff
vs
The President, Directors & Company
of the Bank of MissouriBank of Missouri Defendants

In virtue of the writ of fierifacias
issued in the above named Cause, and there being no
sufficient lands and tenements, goods & chattels of the
defendants found in the County, whereof to levy the
amount due on said writ, the Sheriff, according to the
form of the statute in that behalf made has Summoned
as garnishee, the following named, debtors of the said
defendants, that is to say; Thomas H. Benton, WilliamWilliam Clark
ClarkWilliam Clark , Robert WashRobert Wash , James Kinnerly & George Kinnerly.

And thereupon, the said plaintiff &
alleges that each & every one of the said garnishee is
and at the time they were respectively summoned as
garnishee in this cause, was a debtor of the said
defendants in execution, in this, to wit - that at the
said time, each and every one of them was, & still is
indebted to the defendants in a large sum of money,
to wit, fifteen thousand dollars, for money and
advanced by the said defendants to the said garnish-
ee respectively, at their respective requests, and then,
(and still) in arrear and unpaid. - And also in
this, that at this said time, each of the said garnish-
ee was, & still is, indebted to the said defendants in
a large sum of money to wit, ten thousand dollars,
upon and in virtue of promissory notes of them, the
said garnishee, by them before that time respectively
made. - And also in this, that at the said time,
each and every one of the said garnishee was, and

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is still indebted to the said defendants in a large
sum of money to wit, Eight thousand dollars, upon
and in virtue of judgments of the Circuit CourtCircuit Court of
St Louis County, rendered against them respectively, in
favor of the said defendants, which still remain of
record in the said court unreversed, & unsatisfied.

And the said plaintiff exhibits the
following interrogatories to be answered by every one of
the said garnishee according to law, viz:

1. Are you not & even you not, at the time you were
summoned as garnishee in this case, a debtor of the
above named defendants - and if so, to what amount,
and when & in what manner did the debt accrue?

2. Are you not & were you not at the time you were summoned as garni-
shes in this case indebted to the said dependants, for
money lent to you by them, and never repaid - if so, in
what amount, when was the loan made, by what in-
struments of writing (if any) evidenced & what has be-
come of such instruments?

3. At the time you were summoned as garnishee were
you not, and are you not now, indebted to the said
defendants, upon and in virtue of certain promissory
NotesNotes , if so, what were the several amounts & dates of
such notes, and when did they respectively fall due, and
what has become of them?

4. At the time you were Summoned as garnishee, were
you not and are you not now, indebted to the said
defendants upon & in virtue of a judgment or judg-
ments of the Circuit Court of the County of St LouisCounty of St Louis, if
so, when was the judgment rendered, for what amount,
and how much, if any of it, has been paid?

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5. At the time the President, Directors & Company of the
Bank of MissouriBank of Missouri ceased to transact the business of
banking, were you not indebted to them, if so, in
what sum? - have you paid any part thereof, if so,
how much have you paid, when did you pay it, - did
you pay in money or in what commodity & how did
you pay? â did you settle or compromise said debt or
any part thereof, if so, how much thereof, & in what
manner did you settle or compromise the same?

Gamble Bates & Allen
attoys for pltff

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JesseJesse G Lindell GJesse G Lindell . LindellJesse G Lindell
vs
The President &c of the BankBank of Missouri
of MissouriBank of Missouri .

Interrogations propounded to Garnishee
Summoned in this caues.

Filed Decr 9 1831

A GambleArchibald Gamble Clk

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St. Louis Circuit CourtCircuit Court

Jesse G. LindellJesse G Lindell
vs
The President Directors & Com
pany of the Bank of MissouriBank of Missouri
On Execution

And the said Robert WashRobert Wash
summoned as garnishee on the execution in this case, in reply
to the allegations & interrogatories filed therein, answers as
follows.

1 To the first interrogatory he says that at the time when
he was summoned as garnishee as aforesaid, he was not
indebted, nor has he been since, nor is he now indebted
to said defendants.

2. To the second interrogatory he answers that at the time when
he was summoned as aforesaid, he was not indebted to said
defendants for money lent by them, nor has he been
since, nor is he now so indebted.

3. To the third interrogatory he answers, that at the time
aforesaid when he was summoned as garnishee, he was
not indebted to said defendants upon and in virtue of cer-
tain promissory notes or other instruments in writing, nor
has he been since, nor is he now so indebted.

4. To the fourth interrogatory he answers that neither
at the time when he was summoned as aforesaid, nor at
any time since, was he indebted, nor is he now, to said
defendants upon and in virtue of any judgment or judgments
of the St. Louis Circuit CourtCircuit Court or of any other Court.

5. To the fifth interrogatory, he answers that at the
time said President Directors & Company, ceased to
transact the business of banking, this respondent was
not indebted, to them in any sum or manner whatever

And for further answer to said allegations &
interrogations this respondent says that he has been
informed & changes the fact so to be, that before the
execution in above case on which he was summoned
as garnishee as aforesaid, was , the said Presi-
dent Directors & Company of the Bank of MissouriBank of Missouri
to have corporate power & privileges & became
and were extinct as a corporation & dissolved. So
that any debt or debts (if there were any such) pre-

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viously owing by this respondent to said defendants
were not owing to there when said execution is-
sued and are not now so owing.

This respondent for further answer saith that he has
been summoned as garnishee in four other suits
instituted in the St. Louis Circuit CourtCircuit Court, against the
above defendants viz; one by Arend RutgersRutgers one by
Robert D Dawson, one by Gilman Administrator
of Gilman & one other by the above plaintiff; & refers
to his answers in those several suits to be taken
as part of his answer in this cause.

Sworn to and Subscribed before me this 21th day of February 1832PeterPeter FergusonFerguson Justice of the Peace
county St LouisCircuit Court

R WashR Wash

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St. LouisSt LouisCircuit CourtCircuit Court
Jesse G. LindellJesse G Lindell
vs.
President Directors & Com-
pany of the Bank of MissouriBank of Missouri

Answer of R. WashR Wash

J SpaldingJ Spalding
atty

Filed 21st May 1832
Archibald GambleArchibald Gamble Clerk

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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

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St Louis County Ss William ClarkWilliam Clark being sworn on his
oath saith that above answer is true

Sworn to and Subscribed
before me this 21st day of February AD 1832
PatrickPatrick Walsh WalshPatrick Walsh
Justice of the peace
St Louis County

WmWilliam Clark ClarkWilliam Clark

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JesseJesse G Lindell GJesse G Lindell LindellJesse G Lindell
vs
President Directors & Company
of the Bank of MissouriBank of Missouri

Answer of WmWilliam Clark ClarkWilliam Clark

JJ Spalding SpaldingJ Spalding atty

Filed 23rd February 1832

Archibald GambleArchibald Gamble clerk

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Jesse G. LindellJesse G Lindell
vs
Bank of MissouriBank of Missouri No 50

On execution in virtue of which Ro-
bert WashWash has been summoned
as garnishee.
And the said plaintiff as to the answer of the said
Robert WashRobert Wash filed in this cause to the allegations &
interrogations exhibited by the said pltff: against him
says

1. That the said Robert WashRobert Wash of the time when he
was summoned as garnishee as aforesaid was indebted
& still is indebted to the said defts in a large sum of mo-
ney, to wit, five thousand dollars, for money lent &
advanced by the said defts. to the said WashWash at his re-
quest & upon him in virtue of certin promissory
notes by the said WashWash before that time made by the
said WashWash upon an account stated between the
said WashWash & the said defts & this he the said pltff is
ready to verify, and

2. Not at the time the said debts ceased to transact
the business of Banking the said WashWash was &Still is indebted to the said defts in a large sum of money, to
wit, the sum of five thousand dollars & this he is
ready to verify & therefore the said answer of
the said WashWash in untrue

Gamble Bates Allen for pltffs
and as to the allegation

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Jesse G. LindellJesse G Lindell vsBank of MissouriBank of Missouri

On execution in virtue of which
WilliamWilliam Clerk has been sum-
moned as garnishee.

And the said pltff as to the answer of the said Willi-
am Clark filed in this cause to the allegations & in-
terrogations exhibited by the said pltff against him
says; 1st. Not the said William ClarkWilliam Clark at the time
when he was summoned as garnishee as aforesaid was
Indebted & still is indebted to the said defts to a Large sum
of money to wit, five thousand dollars for money lent
& advanced by the said defts to the said Clark at his re-
quest, & upon & in virtue of certain promissory notes
by the said Clark before that time made by the said
clark & upon an account stated between them the
said clark & the said debts & this the said pltff is ready to verify, and

2. Not at the time the said defts ceased to trans-
act the business of Banking the said William ClarkWilliam Clark
was & still is indebted to the said defts in a large sum of
money, to wit, the sum of five thousand dollars
& this he is ready to verify, , and therefore the
said answer of the said William ClarkWilliam Clark is untrue

Gamble Bates & Allen for pltffs

And as to the allegation in said answer that the
cause or causes of action in such allegation mentioned
did not accure to said defts at any time within
five years next the service of said no-
tice on said WilliamWilliam Clerk, the said pltff. says
that the same is insufficient to bar his answer-
ing thereto & therefore the said pltff's Oath
hereto

Gamble Bates & Allen for pltffs

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No 168

Saint Louis Circuit CourtCircuit Court
November Term 1831

JesseJesse LindellLindell
vs
Bank of MissouriBank of Missouri

Ref: to answer of
& Clark garnishee

Filed May 2nd 1832

A GambleArchibald Gamble Clk

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Judgment by default against BentonBenton Book 6 page 398

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Robert D. Dawson

vs
The Bank of MissouriBank of Missouri

July Term 1832

Thomas H. Benton makes oath
that he did not arrive at his home in St. LouisSt Louis until after the expiration of the
time allowed (as he has been
informed)
to file his answer in this case, nor until
since the commencement of the session of
this court; that since his arrival
he has been unwell, and could not
make the examinations into books
& papers which his answer would
require, that the transactions are of
several years standing, & require
examinations to be made. He
prays that the judgment may be set
aside, & time allowed to file his
answer in this case & others similar to it
until
Saturday next.

Sworn to &
subscribed in
open court August 11th 1832

Thomas H. Benton

A GambleArchibald Gamble Clerk

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Robt D Dawson
vs
Th H Benton

Garnishee of the
BankBank of Missouri of MissouriBank of Missouri
on fifd

filed August 11th 1831

A GambleArchibald Gamble Clk

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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.

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[missing figure]

And this respondent further answering
saith that he was not indebted to the
said bank of MissouriMissouri at the time it
ceased to do business as a bank, or
at any time since for money but except
upon promissory notes drawn and
endorsedaccording to the rules of the
bank, or or drawn for pledged stock as
above set forth, and that at the time
he was summoned as a garnishee in these
cases, he was not indebted to said
defendants, nor hath he been since indebted
to them, except as above set forth.

Thomas HThomas H Benton .BentonThomas H Benton

Sworn to in open Court
August 15th 1832

A GambleArchibald Gamble Clerk

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[missing figure]

J.G.Lindell
vs
President Director & Co.
B.of MissouriMissouri

Answers of T H
Benton in two cases

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[missing figure]

State of MissouriMissouri
County of St. Louis

Louis Bompart being of law-
ful age and duly sworn on his oath saith that
he believe he was appointed Cashier of the bank
of missouri in the year 1820 that he continued
to act and discharge the duties of cashier to said
institution until some time he thinks in the month
of april in the year 1822 at which time
with the consent of the President of said bank (Thomas
F. Reddick) he resigned his office of cashier
and went up the MissouriMissouri River in the employ-
ment of the American Fur CompanyMissouri Fur Company , that
on the resignation of this affiant he under-
stood and believes that Elias T. LanghamElias T Langham
took charge of the business of the institution
by order of the President and perhaps some
of the Directors, that said Langham as this
affiant has been informed and believes acted
only as a clerk, the bank having prior to the
resignation of affiant ceased to do business
as a banking institution and no other per-
son as this affiant believes even having
been appointed cashier thereof after the resignation of
this affiant that this affiant has never acted
in the capacity of Cashier of said Bank of
missouri since the period as above stated at
which he resigned said office that the salary
of this affiant as Cashier of the bank of

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[missing figure]
missouri was he thinks paid to him either before
or immediately after his resignation of that office

Sworn to and subscribed
this

Garmer Joo

L. Bompart

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[missing figure]


vs Bank of Miss.

Rutgersvs Bank of Miss
Lindell vs. Bank 2 cases
Gilmans as some

Affidavits filed on mo-
tions.

Filed 18 August 1832

Archibald GambleArchibald Gamble Clerk

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[missing figure]

State of MissouriMissouri
County of St. LouisCounty of St Louis

Ss. HenryHenry Von Phul being duly sworn
on his oath saith that he was chosen one of the Directors
of the Bank of MissouriBank of Missouri in the year of our Lord one thousand
eight hundred and twenty one and as he thinks in May of that
year to serve as such Director for the ensuing year. that
Thomas F. RiddickThomas F Riddick was the President of said Bank for that
year & Louis BompartLouis Bompart was the Cashier of the same;
that the business of said Bank which was a corporate
body known by the style of the President Directors
& Company of the Bank of MissouriBank of Missouri , was conducted by
the Board of Directors & President chosen at the time
aforesaid, until some time in August of the same
year, when said Bank ceased to redeem its notes,
with specie, and soon after stopped all banking op-
erations: that said Board of Directors soon after that,
ceased to meet as a Board of Directors or to do any
acts of a corporate character. He further says that
he is positive that no other Directors or President
of said Bank, have been chosen since the year
eighteen hundred twenty one: that any such election
could not have happened without deponents Knowledge,
since that year, inasmuch as he has from that time been
always a resident of St. LouisSt Louis where the Banking
house of said institution had been located, & where the
said President & Directors of the year eighteen hundred &
twenty one resided, & where the election, if any had aoc-
curred, must have been held. Deponent further says that
while said Banking Institution was in operation the
President & Directors thereof purchased a lot of ground in
the town (now City) of St. Louis on which they erected
a Banking house, which they occupied from the time
of its erection until they ceased to do business as afore-
said, as their place of doing business in St LouisSt Louis and
the only place of doing their business & managing the

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[missing figure]
affairs of said Institution in said town: which place
was fixed upon & designated: as this deponent & believes
& in fact is positive, by the President & Directors of
said Institution as the permanent location for trans-
acting the affairs of said corporation in St. LouisSt Louis.
And he says moreover that in the year of our Lord
Eighteen hundred twenty two or twenty three, the same
Lot & Banking house was sold and as deponent has
heard & believes, upon judgment & execution against
the said President Directors & Company; and that the
same lot & building have him ever since owned &
occupied by the persons claiming under that sale; &
have never since then, been in the possession or
control of said President Directors & Company or
any of their officers or agents: that since that time
said corporation has had no place of doing business
in St. LouisSt Louis, and
there have been no meetings of any Board of Directors
of said Institution to the Knowledge or belief of this
deponent since the year of our Lord eighteen hundred
& twenty one: that Louis BompartLouis Bompart the Cashier, not
long after the failure of said Institution, and probably
in the year eighteen hundred twenty two, quit the
said Institution, went into other business & has not to
the belief of this deponent, had any connection with
said President Directors & Company Since: or been in
their employ: that there has not been any new Cash-
ier chosen in the room of said Bompart since.
Deponent further says that said Thomas F. Reddick
died about two years & a half ago, having been for
several years previous thereto a resident of the CountyCounty of Jefferson
of JeffersonCounty of Jefferson in MissouriMissouri: and that no other person has
been chosen President of said Institution since said
RiddickRiddick was so chosen in the year eighteen hun-
dred and twenty one.

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[missing figure]

Sworn to & subscribed
this 13th 1832 Octber

HVon Phul

County of St LouisCounty of St Louis ss: Michael TessonMichael Tesson being duly sworn on
his oath saith that he was appointed one of the Directors
of the Bank of MissouriBank of Missouri in the year eighteen hundred
and twenty one, he thinks in the month of May of
that year having been chosen such at the annual
meeting of the Stock holders of that year; that he continued
to act in that capacity with the other members of
said Board of Directors, of which HenryHenry Von Phul &
Thomas F. Riddick were likewise members, until August
of that year when said Bank ceased to pay
specie for its notes: soon after which time, said Board of Directors ceased to meet or to do any corporate
acts: and there has been no meeting of any board
of Directors of said Institution since that time to his
knowledge or belief; that he has read the foregoing
affidavit of HenryHenry Von Phul, and is acquainted with the facts and cirmumstances therein
stated, and believes the assertions and statements
made therein are true throughout.

Sworn to subscribed before
me this 17th August 1832


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[missing figure]

Dawson vsBank of Miss
Rutgers vs Bank of Miss
Lindellvs Bank
st

Affidavits filed on
motions

Filed 18th August 1832

ArchibaldArchibald Gamble GambleArchibald Gamble Clerk

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[missing figure]

In the Circuit CourtCircuit Court

Robert D.Dawson
vs
The President Directors
& Company of the bank of MissouriMissouri
Jesse GJesse G Lindell .LindellJesse G Lindell
vs
The President Directors
& Company Bank of MissouriBank of Missouri
Same
vs
Same
Benj. J. Gilman
vs
The President Directors
& Company of
Rutgers
vs
The president Directors
& Company Bank of MissouriBank of Missouri

The Garnishee in the above cases
Thomas H. Benton moves the Court to set aside
the judgements by default taken in the above cases
against said Garnishee for the following reasons

1st Because the same were taken irregularly &
improperly and against the understanding, and
agreement of the plaintiffs, counsel made with
said Garnishee's Counsel.

2nd Because the answers

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[missing figure]
of said Garnishee who deposited with the Clerk
of this Court to be filed within the time limited
by the court & before said judgments by default were
asked for or rendered

& SpaldingSpalding
Attys

Dawson
vs
Bank of MissouriBank of Missouri

LindellLindell vs same
same vs same
RutgersRutgers vs same
Gilmanvs same

Reasons for setting
aside judgments of de
fault,

Filed Augst 23rd 1832

A GambleArchibald Gamble Clk

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[missing figure]
JesseJesse G Lindell GJesse G Lindell .LindellJesse G Lindell
vs
President Dirctors & Company
of Bank of MissouriBank of Missouri defts.
BentonBenton : garnishee

Be it remembered that on the 23rd day of Au-gust in the year 1832 & during the July term of this
court in that year ThomasThomas H Benton HThomas H Benton .BentonThomas H Benton who was
summoned as a garnishee under the execution
issued on the judgt. in the above cause moved the
court to set aside the judgt. by default taken in
the above case aginst the said garnishee&
filed his reasons therefore & affidavit in sup-
port thereof which motion reasons & affidavit
are in the words & figures following (here insert
the motion reasons for setting aside the judgt by
default & affidavit of T.H.Benton filed same
day) which motion after appearance thereto
by plff was by the court sustained & the judgt by
defaultset aside to the granting ofwhich mo-
tion the plff by his Counsel excepts & prays
that this his bill of exceptions may be signed
sealed & made a part of the record, which is
done accordingly.

WillWill C.CarrCarr seal

[missing figure]
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[missing figure]

LindellLindell
vs
Bank of MissouriBank of Missouri defts.
BentonBenton garnishees

Bill of exceptions

Filed 4th July 1833

Archibald GambleArchibald Gamble Clerk

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[missing figure]
JesseJesse G Lindell GJesse G Lindell LindellJesse G Lindell
vs
President Directors & Co.
of Bank of missouri

St Louis Circuit CourtCircuit Court

RobertRobert wash garnishee on
execution in this case moves the Court to quash the
said execution and also to set aside & quash all
proceedings thereunder aginst him for the following
reasons & upon the affidants of HenryHenry VonPhul
MichaelMichael Tesson TessonMichael Tesson & LouisLouis Bompart BompartLouis Bompart

1 Because said execution is illegal irregular & void

2 Beause when it issued the said defendants had ceased
to exist as a corporate body and there was in exis-
tence no such corporation or Company

3 Because no such proceeding can legally be had
under said execution against this garnishee as the
debtor of said defendants as has been and and
adopted in this case.

4 Because under said execution no debts of said
defendants can legally be attached or seized for the
satisfaction of plaintiff's judgment.

RobertRobert wash
by
JJ Spalding SpaldingJ Spalding his atty

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[missing figure]
No

St. Louis Circuit CourtCircuit Court

JesseJesse G Lindell GJesse G Lindell .LindellJesse G Lindell
vs
Bank of MissouriBank of Missouri

Reasons of wash for
setting aside execution &
proceedings thereunder

JJ Spalding SpaldingJ Spalding atty

Filed for 6th August 1833

Archibald GambleArchibald Gamble Clerk

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[missing figure]

EnteredBook 7 page 98

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[missing figure]
Jesse G. LindellJesse G Lindell
vs.
President Directors & Co.
of the Bank of MissouriBank of Missouri

St. Louis Circuit CourtCircuit Court

Robert WashRobert Wash one of the Garnishees
on execution in this case moves the court to set aside the
judgment of revival in above case & the proceedings thereon
for then reasons.

1 Because said Judgment was rendered without any ser-
vice of the scire facias on the defendants or on any per-
son on whom by law it might he served to procure the
appearance of said defendants or have a judgment
against them nor were they notified on said scire facias
or made parties to it in any way nor were there two
Nihils returned.

2 Because when said judgment was entered & before
the said defendants had become & were extinct as
a corporate body, & no judgment could be entered
against them.

Robert WashRobert Wash
by
J SpaldingJ Spalding his atty

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[missing figure]

No 168
Novr 1831

St. Louis Circuit CourtCircuit Court
Jesse G. LindellJesse G Lindell
vs.
Bank of MissouriBank of Missouri

Reasons of WashWash garnishee
for setting aside judgment
of revival &c.

J SpaldingJ Spalding
atty

Filed 6th August 1833

Archibald GambleArchibald Gamble Clerk

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[missing figure]

St. Louis Circuit CourtCircuit Court

Jesse G. LindellJesse G Lindell
vs. President Directors & Company
of the Bank of MissouriBank of Missouri
Jesse G. LindellJesse G Lindell
vs. President Directors & Company
of the Bank of MissouriBank of Missouri

The President Dirctors &
Company of the Bank of MissouriBank of Missouri defendants in above
suits move the Court to set aside the original Judgments
in said suits: also the Judgments on scire facias to revive
said original judgments, or either of them as to the Court
shall seem proper, together with the executions issued thereon
and all proceedings thereunder for the following reasons viz:

Because said original Judgments are irregular and in this
that no process or notice was served in said suits or either of
them, on said defendants: nor were said defendants parties
to said suits or proceedings or either of them, in which said
judgments were rendered, by voluntary appearance or
otherwise nor was any process or notice served on any
person, on whom by law it might be served to procure
the appearance of said defendants or have judgment in either of said cases

2. Because said judgments of revival on scire facias were
irregularly rendered some null for this that said scine facies
were not served in either paid cases, on said defendants
or any person an whom by law it might be served to
procure the appearance of said defendants or have a
Judgment against them in either case: nor did they
appear to either of said scire Facias, nor were they
notified thereof in any way, nor were there two returned in either case

3. Because said Executions have issued an irregular
Judgment; & as otherwise irregular & against law-

J SpaldingJ Spalding for
debts

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[missing figure]

St. Louis Circuit CourtCircuit Court

Jesse G. LindellJesse G Lindell
vsBank of MissouriBank of Missouri

Same vs Same

Reasons of defts. for setting
aside the judgments revivals
& executions in said two cases

JJ Spalding SpaldingJ Spalding
atty

This in both Suits

Filed 6th August 1833

Archibald GambleArchibald Gamble Clerk

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[missing figure]
JesseJesse G Lindell GJesse G Lindell .LindellJesse G Lindell
vs President Directors & Co.
of Bank of MissouriBank of Missouri
RobertRobert Wash WashRobert Wash & : garnishees

Be it remembered that on the
seventh day of august in the year 1833

RobertRobert Wash WashRobert Wash who was summoned as a garnishee
under the executionissued on the judgt in the above
cause moved the court to set aside the judgt of
revival in above cause the proceedings thereon
& filed his reason therefor & affidavits in support
thereof which motion reasons & affidavits are
in the words & figures following (here insert the
motions & reasons filed 6 augt 1833, & the affida-
vits of Von PhulPhul Tesson Bompart TessonPhul Tesson Bompart & BompartPhul Tesson Bompart filed 18 augt
1832,) which motion was by the court sustained
& the judgt of revival aforesaid & all proceedings
thereon set aside, to the parting of which mo-
tion the pltff: by his counsel excepts & prays
that this his bill of exceptions may be signed
sealed & made a part of the record which is
done accordingly

WillWill C.CarrCarr seal

[missing figure]
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[missing figure]

JesseJesse G Lindell GJesse G Lindell .LindellJesse G Lindell
vs
Bank of MissouriBank of Missouri deft
WashWash algarees

Bill of exceptions

filed January 4th 1834

A GambleArchibald Gamble Clk

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[missing figure]
JesseJesse G Lindell GJesse G Lindell .LindellJesse G Lindell
vs
President Directors & Company
of Bank of MissouriBank of Missouri defts.
RobertRobert Wash WashRobert Wash & al : garnishees

Be it remembered that on the seventh day of august in the year 1833

RobertRobert Wash WashRobert Wash who was summoned as a garnishee
under the executionissued on the judgt. in the above
cause moved the court to quash the said execution
& also to set aside all procedings thereunder a
gainst him & filed his reason therefore & affida-
vits
in support thereof which motion reasons
& affidavits are in the words & figures following
(here insert the motions & reasons filed 6 augt
1833, & the affidavits of Von PhulTesson& Bom-
part filed 18 augt 1832,) which motion was by
court sustained & execution quashed& allpro-
ceedings
thereunder set aside, to the granting
of which motion the plff: by his counsel excepts
& prays that this his bill of exceptions may be
signed sealed & made a part of the record which
is done accordingly

WillWill CCarrCarr seal

[missing figure]
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[missing figure]

LindellLindell
vs
Bank of MissouriBank of Missouri dfts
WashWash &al:garees

Bill of exceptions

filed January 4th 1834

A GambleArchibald Gamble Clk

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[missing figure]
JesseJesse G Lindell GJesse G Lindell .LindellJesse G Lindell
vs
President Directors & Company
of Bank of MissouriBank of Missouri

Be it remembered that on the seventh day of august in the year 1833

the defts in above cause moved the court to set aside
the original judgments therein also the judgt on scire
facias to receive said orginal judgt.& the execution there
on & all procedings thereunder & filed their reasons
therefor & affidants in support thereof, which mo-
tion reasons & affidavits are in the words & fi-
gures following (here insert the motions & reasons
for setting aside judgts& executions filed 6 augt
1833, & the affidavits of VonPhulPhul Tesson Bompart TessonPhul Tesson Bompart & BompartPhul Tesson Bompart
filed 18 augt 1832, which motion was by the court
sustained & the judgt & execution thereon& allpro-
ceedings there under set aside, to the granting of
which motion the plff: by his counsel excepts
& prays that this his bill of exceptions may be
signed sealed & made a part of the record which
is done accordingly

WillWill CCarrCarr seal

[missing figure]
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[missing figure]

LindellLindell
vs
Bank of MissouriBank of Missouri

Bill of exceptions

filed January 4 1834

A GambleArchibald Gamble Clk

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[missing figure]

County Of St. LouisSt Louis, Sct.
State of MissouriMissouri,

To The Sheriff Of S LouisS Louis County....Greeting.

You are hereby commanded to Summon Robert WashRobert Wash
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Circuit CourtCircuit Court ,

on the forthwith
day of at the City of St. LouisCity of St Louis, then and there to testify and the truth to
say in a certain matter of controversy, now pending in our said court, wherein Jesse G LindellJesse G Lindell
is plaintiff, and The Bank of MissouriBank of Missouri
defendant, on the part of the Plaintiff and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this 20th day of Decr in the year of our Lord,
one thousand eight hundred and twenty five

A GambleArchibald Gamble

Clerk, C.C.
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[missing figure]

LindellLindell
vs
Bank of MissouriBank of Missouri

forthwith

for Robt WashRobert Wash

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[missing figure]

Executed on Robert WashRobert Wash on
the 20th Decr 1831

JnoJohn K Walker . K WalkerJohn K Walker
shff

Fees $ .50 cts.