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34 Mo. 103

Lindell v. Lee

Supreme Court of Missouri

Decided March 15, 1863

Supreme Court of Missouri · decided 1863-03-15

Louis Land Court. John Lee Jesse G. Lindell died, and his executrix took an assignment of said note from Thornton’s executor, and filed her petition to foreclose the mortgage. The court held that the debt was the debt of Jesse G. Lindell as well as Elliot Lee, and therefore that the debt was satisfied by the assignment, and that plaintiff could not foreclose. Plaintiff took a nonsuit, with leave to move to set the same aside.

Cited by 1 later decisions — most recently February 1895

1 state decisions

Relies on McKnight v. McCutchen

Good law ✅— No negative treatment on recordhow we know

Decided 1863-03-15

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Bates, Judge,

¶1delivered the opinion of the court.

¶2The mortgage was collateral to the note, and the plaintiff could not have a judgment for the foreclosure of the mortgage if she could not have recovered upon the note.

¶3The plaintiff’s testator having been a member of the firm which gave the note, she, by purchasing the note, which she was equally bound with the other members of the firm to pay, acquired a demand for so much money as she had expended for the use of the firm, which would be allowed her upon a settlement of the partnership. There is no averment or evidence of a settlement of the partnership accounts, or that this is the only unliquidated item. She cannot recover on the note. (McKnight v. McCutchen, 27 Mo. 436, and other cases.)

¶4Judgment confirmed;

Judges Bay and Dryden concur.
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