Upon the facts stated in the trustee’s answer, the check was evidently given by him and received by the principal defendant as payment, and operated as such, at least until presentment and refusal, which in this case did not happen. Nothing therefore was due from the trustee to the defendant at the time of the service of this process. Pearce v. Davis, 1 Mood. & Rob. 365. Barnard v. Graves, 16 Pick. 41. Cushman v Libbey, 15 Gray, 358. Trustee discharged.