297 Mass. 466 | Mass. | 1937
This suit in equity is brought by the plaintiff to establish a trust for her benefit in certain real estate of the defendant. It is alleged in the bill that, pursuant to a conspiracy between the defendant and one Helen C. Tripp, the latter by false representations known to the defendant, induced the plaintiff to turn over to her $2,000 to be invested for the benefit of the plaintiff in securities; that the defendant procured Miss Tripp to apply $1,500 of the money so obtained in payment of an amount due on a mortgage on real estate of the defendant; that part of the money so obtained has been returned to the plaintiff, leaving $750 unpaid. The prayer of the bill was that the real estate of the defendant be impressed with a trust for this amount for the benefit of the plaintiff. The answer of the defendant put in issue the essential allegations of the bill. The case was referred to a master, who filed a report and a supple
The master found these facts: The defendant and Miss Tripp had kept house together on the premises of the defendant since 1927. They lived together as friends without any fixed price for Miss Tripp’s board and room, but under an arrangement whereby each contributed to their common living expenses from time to time as their respective circumstances would permit. No record was kept of the amount expended by either of them and no accounting was ever had or attempted. In 1927, the defendant borrowed $1,500 from the New Bedford Co-operative Bank (hereafter called the bank) and gave as security a mortgage on her real estate, located in Dartmouth in this Commonwealth, which provided for monthly payments of $15.50 to the bank. Miss Tripp at times paid monthly instalments to the bank as a contribution to the living expense account. Upon the receipt of any notices of arrears from the bank, the defendant gave them to Miss Tripp. Miss Tripp then interviewed the treasurer, whom she represented to the defendant she knew well. During the period from 1927 to 1932, Miss Tripp had not contributed a great deal to the common expenses but had told the defendant that her mother had created a $4,000 trust fund which would pass to Miss Tripp on her mother’s death, and that when she received this money she would pay the defendant what was proper. After the mother’s death in March, 1931, Miss Tripp represented to the defendant that she had conferred with the treasurer of the bank about the arrears due on the mortgage and had received his assurance that the matter of paying could await the settlement of the estate of Miss Tripp’s mother. The defendant was not acquainted with the plaintiff and
Where the evidence upon which the findings of a master are based is not reported, the findings of fact are final and must be accepted as true unless they are mutually inconsistent or plainly wrong. Prudential Trust Co. v. McCarter, 271 Mass. 132, 139. Bullivant v. First National Bank of Boston, 246 Mass. 324, 332. Horvitz v. Colen, 288 Mass. 375. The finding is explicit to the effect that the defendant had no acquaintance with the plaintiff, did not conspire with Miss Tripp, and had no knowledge as to the source from which the money was obtained wherewith the mortgage was paid. Every essential finding of fact is in favor of the defendant. The main findings are not inconsistent with subsidiary facts found, but are supported by them.
The right of the plaintiff to relief in this suit rests wholly upon the contention that the defendant was not a bona fide purchaser of the discharge of the mortgage. Shaw v. Spencer, 100 Mass. 382, 388. Cotton v. Dacey, 61 Fed. 481. Although the master found that there was "no real debtor-creditor relationship between Miss Tripp and the defendant,” it is to be inferred from the other facts found that there was an implied contractual obligation on the part of Miss Tripp to pay the defendant for her living expenses. James v. Cummings, 132 Mass. 78. Wirth v. Kuehn, 191 Mass. 51. Evers v. Gilfoil, 247 Mass. 219. French v. Bray,
The case at bar is distinguishable from Newell v. Hadley, 206 Mass. 335. That case involved the perfidy of a single trustee acting for two or more trusts. It was considered that whatever benefit the principal received was received through one charged with knowledge and therefore the principal was charged with knowledge. In the case at bar the defendant accepted payment to the bank by Miss Tripp in discharge of the latter’s obligation to her; the defendant did not accept a benefit conferred by an agent as between herself and Miss Tripp. As far as concerned the defendant, Miss Tripp was acting independently and wholly for herself. In accepting the benefit conferred upon her by payment of the mortgage, the defendant was not accepting a benefit from her agent but was accepting payment of a debt due to her from a debtor by discharge of an independent obligation. The case at bar is also distinguishable from Atlantic Cotton Mills v. Indian Orchard Mills, 147 Mass. 268; Attorney General v. Bedard, 218 Mass. 378; Otis v. Otis, 167 Mass. 245, and other cases on which the plaintiff relies, but it is not necessary to review them in detail.
Decree affirmed with costs.
The master found: “The defendant is not now the owner of the property which had been covered by the mortgage, having sold the same after the attachment thereof in this suit, and subject thereto.”— Reporter.