Goldie

Appellee, as receiver for the estate of Herbert Fleishhacker, debtor, petitioned for a summary order directed to appellant Goldie to compel him to turn over to the receiver certain corporate shares and moneys alleged to be held in trust for the debt- or’s estate. In substance and effect the petition appears to be one to enforce performance of a contract to deliver shares of stock and to recover money alleged to be due and payable to the estate. The referee ordered appellant to show cause why the petition should not be granted. Appellant thereupon filed his verified plea objecting to the jurisdiction of the bankruptcy court summarily to hear and determine the matter.

There was a hearing before the referee on the jurisdictional question with the result that appellant’s plea to the jurisdiction was overruled and he was directed within five days to answer to the merits. The referee found, among other things, that by reason of the form and substance of his objection to the jurisdiction, and for other reasons, appellant waived any right he might have ¡had to insist upon the adjudication of the controversy in a plenary suit. 1 On petition to review the court below affirmed and adopted…