Lindell v. President of the Bank of Missouri

■ Opinion of the court delivered by

McGirk J.*

This was a proceeding against the Bank under the 27 th, section of the act of incorporation, which provides, that if the notes of the Bank, are presented to the Bank for specie payment and refused, that in addition to the ount of said notes, the bank shall forfeit, and pay five per-centum per month, whilst such payment is withheld, which shall be recovered by motion in a summary way. Lindell gave notice to the bank, that he held the notes and that he should make the motion. In the year 1825, at the November term of the circuit court for the county…