any definite quantity of boards tbat bad been mentioned in the agreement of tbe parties. The payments actually made by tbe Cooperage Company for tbe lumber purchased appear to have been made without any regard to this note, or tbe depositary, Mr. Bancroft. No mention of any indorsements of such payments on this note, can be found either in tbe disclosure of tbe trustee or the testimony of the president of the company. It was rigorously excluded from circulation, and was never intended to be used in tbe ordinary course of business.
It is tbe opinion of tbe court tbat this transaction did not relieve tbe trustee from liability to be charged for tbe amount due for tbe 50,318 feet of boards actually received by tbe company, less tbe advance payment of $100. Tbe trustee is not charged "by reason of a negotiable note made by tbe company," but by reason of an indebtedness for lumber existing at tbe date of tbe service of tbe trustee process.
Trustee charged.