Budris v. New Amsterdam Cas. Co.
| Decision Date | 16 September 1935 |
| Citation | 292 Mass. 46,197 N.E. 479 |
| Parties | BUDRIS et al. v. NEW AMSTERDAM CASUALTY CO. et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Suit by Joseph Budris and others against New Amsterdam Casualty Company and another. From an interlocutory decree and a final decree for plaintiffs, defendants appeal.
Decrees affirmed.
Appeal from Superior Court, Essex County; Williams, Judge.
M. J Dray, of Hyde Park, for appellees.
F. A Pierce and J. F. Thistle, both of Boston, for appellants.
This is a suit in equity whereby the plaintiffs seek to establish and enforce the liability of the defendant Coulton for the breach of three different contracts made by him for the moving of houses, and to establish and enforce the liability of the New Amsterdam Casualty Company as surety upon a bond, executed by Coulton as principal, running to the plaintiffs guaranteeing that Coulton would perform the work required of him under the contracts. No objection is now raised as to the joinder of the plaintiffs, the execution of the several contracts by Coulton or his failure to perform the same, or the execution of the bond by the principal and surety. The case was referred to a master under a rule which required him to hear the parties, find the facts and report his findings to the court together with such questions of law as any party may request, and which provided that his findings of fact should be final. The master on January 20, 1934, filed a comprehensive report which recited that copies of the draft report were submitted to counsel and a hearing was held thereon on January 19, 1934, The defendants on February 1, 1934, filed a motion to recommit the report to the master on the ground that it was not in compliance with Rule 90 of the Superior Court (1932) to the effect that a master after a hearing upon a draft copy of his report shall finally settle the draft of his report, give notice to the parties and furnish them with copies of the report so far as it differs from the draft copy, ‘ whereupon ten days shall be allowed for bringing in written objections thereto.’ On the same date they filed another motion to recommit the report to the master for further hearing of evidence and for the report of evidence. On February 6, 1934, an interlocutory decree was entered as of January 20, 1934, extending the time for completion of the hearings before the master and for filing of the master's report until April 2, 1934. On April 2, 1934, the master filed a supplemental report reciting that copies of his report as heretofore filed were furnished counsel on March 21, 1934, and that objections of the defendants seasonably filed were appended to the supplemental report. It also stated that written requests were made by the defendants that a brief, accurate and fair summary of so much of the evidence as shall be necessary for the court to determine the questions of law raised by their objections 1 and 2 be appended to the report. The report then states:
Objection 1 was to the effect that the finding that Coulton and the New Amsterdam Casualty Company executed a bond whereby they became obligated to indemnify the plaintiffs against loss or damage resulting from the failure of Coulton faithfully to perform the contracts or the additions indorsed thereon was a conclusion of law; and objection 2 was to the effect that the finding that, inasmuch as the New Amsterdam Casualty Company is obligated by its bond to pay $1,500 to the plaintiffs and the total damages sustained by them were $2,053, the payment to each should be a stated sum, the several sums aggregating $1,500, was a conclusion of law. Each of the defendants thereupon filed a motion to recommit the master's report with instructions to report the evidence as to the findings described in...
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