(Download) "Jones v. Swift Et Al." by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Jones v. Swift Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 18, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
COX, Justice. This is an appeal from a decree of the Probate Court which runs against the respondent Swift alone. The petition, when filed, named as respondents Leila M. Johnson, individually and as executrix of the will of her husband Laurence H. H. Johnson, John G. Brackett, as trustee under a written declaration of trust for the benefit of the now respondent Swift and others, and the American Telephone and Telegraph Company. The respondent Swift, hereinafter referred to as Swift, was not then named as a party. This petition alleged in substance that, prior to and up to the time of his death, Laurence H. H. Johnson, hereinafter referred to as Johnson, held certain assets in trust for the petitioner, including twenty shares of the capital stock of the respondent telephone company; that Johnson commingled these shares with his own assets, converted and wrongfully pledged them as security for a personal loan; that the respondent executrix received these shares or shares into which they had been transmuted, as also did said Brackett, as trustee, and that the petitioner had never received them. Thereafter, motions were allowed, joining Swift and the Boston Safe Deposit and Trust Company as respondents, and dismissing the petition as to the telephone company and Brackett, as trustee, and also adding allegations to the effect that Swift, the donor of the trust of which Brackett was trustee, received said shares specifically or as transmuted and that they were in the possession of the Boston Safe Deposit and Trust Company. The new prayers were that the added respondents be ordered to turn over said shares specifically or as transmuted and all dividends received. No decrees appear to have been entered following the allowance of these motions. All of the respondents appeared and filed answers, Swift alleging, among other things, that he was a bona fide purchaser of the stock referred to in the petition, without notice of any defect in its title. The case was tried upon an agreed statement of facts which permitted the drawing of inferences and also upon oral and documentary evidence. The Judge filed no findings of fact. The decree ordered Swift 'to provide and transfer to the petitioner * * * twenty (20) shares of the common stock of the American Telephone & Telegraph Company and that said respondent Walter Babcock Swift pay to said petitioner * * * four hundred ninety five dollars ($495.).' 'Although no statement of the findings of material facts was filed by the trial Judge, the entry of the decree imports the finding of every fact essential to the right entry of that decree permitted by the evidence. It is for this court in a proceeding of this nature (see Drew v. Drew, 250 Mass. 41, 43, 144 N.E. 763) to review the evidence and decide the case on its own judgment as to facts as well as law. But under the familiar rule where, as in the case at bar, conflicting oral testimony has been heard, the finding of the trial Judge as to facts either expressly made or necessarily implied from his Disposition of the case, will not be reversed unless plainly wrong. Glazier v. Everett, 224 Mass. 184, 112 N.E. 1009; Star Brewing Co. v. Flynn, 237 Mass. 213, 216, 129 N.E. 438.' Durfee v. Durfee, Mass., 200 N.E. 395, 398. See Malden Trust Co. v. Brooks, 291 Mass. 273, 279, 197 N.E. 100; Bratt v. Cox, 290 Mass. 553, 557, 195 N.E. 787.
 "Jones v. Swift Et Al." by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free){kind=link}