227 Mass. 323 | Mass. | 1917
The plaintiff, a stockholder in the Hunt-Spiller Manufacturing Corporation, hereafter called the corporation,
It was contended that fraud was practised on Mr. Lowell. The case was referred to a master. The evidence is not reported. After an extended hearing, he made a report finding that there was no fraud. In the Superior Court a decree was entered dismissing the bill.
The numerous exceptions based on objections to practically every finding of fact, must be overruled. The question of Mrs. Hunt’s fraud involved an examination of documentary evidence as well as an investigation of the books of the company, the defendant contending that the indebtedness of the company to Mrs. Hunt could be traced from an original indebtedness of the South Boston Iron Works, which indebtedness was assumed by the company, and an indebtedness which originated with the company, but which appeared on its books and the books of the South Boston Iron Works. In addition to this there was much oral evidence. The master found “that the entries relating to cash advanced by Mrs. Hunt to the South Boston Iron Works and appearing on the cash book of that company; those showing credit given to the South Boston Iron Works by way of transfer of the credit originally given to the South Boston Iron Works of 'Kentucky; those relating to the transfer of certain merchandise from the South Boston Iron Works of Massachusetts to the Hunt-Spiller Manufacturing Company; those indicating the changing over of the form of these three accounts by consolidation into the ■draft of the South Boston Iron Works to the Hunt-Spiller Manufacturing Company for $19,450.99 payable to Mrs. Hunt, and the
Decree affirmed with costs.