Levey v. Nason

• Decision Date: 23 May 1932
• Citation: 279 Mass. 268,181 N.E. 193
• Parties: LEVEY v. NASON et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

279 Mass. 268

181 N.E. 193

LEVEY

v.NASON et al.

Supreme Judicial Court of Massachusetts, Suffolk.

May 23, 1932.

Appeal from Superior Court, Suffolk County; Donnelly, Judge.

Bill by Rachael Levey against John W. Nason and others. From a decree in favor of complainant, named defendant appeals.

Affirmed.

J. Dewey, of Boston, for appellant.

H. B. Zonis, of Boston, for appellee.

PIERCE. J.

This bill in equity comes before this court on the appeal of one of the defendants, John W. Nason, hereinafter referred to as the defendant. The bill of complaint alleges that the defendant is indebted to the plaintiff in a specified sum of money on a promissory note, and it seeks to reach and apply to the payment thereof shares of stock of the Frank Nason Electric Company alleged to be owned and held by the defendant, ‘the number and value of which shares are to the complainant unknown.’ The bill was taken pro confesso against all the defendants, and decrees were entered in respect thereto in January and in February, 1929.

On December 5, 1930, the case was referred to a special master,¹ ‘to hear the parties and their evidence and report his findings to the Court, together with such facts and questions of law as either party may request upon the following issues: 1. Was the respondent John W. Nason on September 15, 1928, the date of service of process upon him, the owner of any shares of stock in the Frank Nason Electric Company, Inc.? 2. If so, how many shares of stock in said corporation did he own on said date?’ It was further ordered, adjudged and decreed ‘that such Special Master is hereby authorized and directed to examine all of the books and reocrds of said corporation to ascertain the facts, and to summon and examine the officers, agents, and servants of said corporation, and other witnesses.’ After hearings before him, under the rule, the master filed his report on January 10, 1931, in substance, as follows: ‘The defendant * * * from the time of their issuance on February 3rd, 1919, was, and at all times thereafter has been and now is, the owner of 105 shares of the common capital stock of the Frank Nason Electric Company, Inc., as evidenced by * * * two certificates numbered 6 and 7, now appears on the books of the said corporation, and especially was he the owner of said shares on September 15th, 1928.’ The report states the contention of the defendant and makes findings of fact relative thereto in substance as follows: ‘The defendant * * * admitted that he was the owner of 105 shares as evidenced by said Certificates 6 and 7 until March 5th, 1919, but he claimed and offered evidence to show [the evidence is not printed] that on said date he made a gift of certificate number 7 for 104 shares to his father, Frank Nason.’ Respecting this contention the master found that about March 5, 1919, the defendant ‘did fill in and sign the form of assignment printed on the back of certificate number 7 for 104 shares, wherein his father was named as transferee and that at times the defendant * * * placed this certificate in the safe of the defendant corporation * * * that the defendant * * * never intended to give this certificate number 7 to his father; that he never actually or constructively delivered or surrendered control of the same to his father, that he in fact retained possession and there was never any acceptance of this certificate by his father’; that ‘the corporation safe was accessible to the defendant * * * his father and other officers and employees of the defendant corporation, Frank Nason Electric Company, Inc.’; that ‘no record of such...