Carpenter

The plaintiff had judgment against Richard E. Eagan in the sum of $2,400, from which judgment the defendant appeals.

The record shows that the defendant Elmer R. Sly Company is a trust estate formed under and by virtue of a trust indenture, dated the fifteenth day of March, 1925. The trust instrument provides in section 3 as follows:

‘ ‘ Every note, bond, contract, instrument, certificate or undertaking, and every other act or thing whatsoever, executed or done by the trustees, or any of them, in connection with this trust shall be conclusively taken to have been executed or done only in their or his capacity of trustee or trustees under this agreement and declaration of trust, and such trustee or trustees shall not be personally liable.” The section then further provides that every instrument executed by the trustees shall recite the substance of the section showing the nonliability of the individual trustees.

On the first day of April, 1925, an agreement was entered into between the Elmer R. Sly Company and the defendant Richard E. Eagan, wherein it was recited that the party of the first part, to wit, Elmer R. Sly Company, had a contract- with ■ the Fidelity Mortgage…