MATTER OF TRILLING AND MONTAGUE

No. 24194.

140 F.Supp. 260 (1956)

In the Matter of TRILLING AND MONTAGUE, a Partnership, and David M. Trilling, Individually and as surviving partner therein, Bankrupts.

United States District Court E. D. Pennsylvania.

February 29, 1956.


Attorney(s) appearing for the Case

Richard V. Zug, David F. Maxwell, Philadelphia, Pa., for Maurice A. Kendall, Trustee. Edmonds, Obermayer & Rebmann, Philadelphia, Pa., of counsel.

Wexler, Mulder & Weisman, Harold Cramer, Shapiro, Rosenfeld, Stalbert & Cook, Philadelphia, Pa., Petition for Review.


KIRKPATRICK, Chief Judge.

In view of the thoroughly considered review of authorities contained in the opinion of the learned Referee, a detailed discussion of them here would be superfluous. I fully agree that the weight of authority decidedly supports the Referee's conclusion that the trustee in bankruptcy is not bound by the restrictive stock agreement and that he had the right and obligation to sell the stock for the best price obtainable.

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