Ashton

Appellee, as trustee in bankruptcy for Deauville Beach Club, a corporation, on petition, obtained an order from the referee, requiring appellant as trustee in bankruptcy for Deauville Holding Company, Ltd., a corporation, to deliver certain funds and claims to appellee. The bankruptcy court sustained the referee by an order, from which this appeal is taken.

The amended petition alleges, -among other things, that on September 7, 1926, a contract in writing (hereinafter referred to as the first contract) was entered into between Deauville Holding Company, Ltd., and Deauville Beach Club. Some of the terms of the contract were set forth, and it was further alleged “that a true copy of said contract” was attached to the petition.

It was also alleged in the amended petition that “each [appellant and two others] has collected and has on hands, funds collected from members of the Deauville Beach Club for locker or service charges in violation of the terms of the above described contract in that the members did not use and enjoy said privileges. That said funds are of right and in law, the as- . sets of the Estate of Deauville Beach ClubP a bankrupt.”

It is unnecessary to notice the…