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217 Mass. 262

Blodgett v. Ahern

Massachusetts Supreme Judicial Court · decided 1914-03-02

<p>Equity Pleading and Practice, Master’s report: exceptions, motion to recommit, Decree. Equity Jurisdiction, To redeem from chattel mortgage.</p> <p>Exceptions to a master’s report in a suit in equity cannot be sustained where the evidence to which the exceptions relate is not reported and the conclusions and inferences drawn by the master from the facts stated by him are not unwarranted. The general rule here was applied that the recommittal of a master’s report in a suit in equity is a matter of discretion for the trial judge, there being nothing in the present case to indicate that this discretion was not exercised properly. Where in a suit in equity a decree is to be made giving the plaintiff the right to redeem certain articles of personal property from a chattel mortgage held by the defendant upon the plaintiff paying to the defendant the amount found to be due upon the mortgage note, and it appears that before the filing of the bill the defendant had sold some of the mortgaged articles, it does not matter whether the decree orders the defendant to account to the plaintiff for the value of the articles sold or whether the amount of their value is deducted from the sum of money which the plaintiff is ordered to pay as due on the mortgage note.</p>

Cited by 4 later decisions — most recently January 1923

4 state decisions

Relies on Reggio v. Warren · Long v. Inhabitants of Athol · Putnam v. Bolster

Good law ✅— No negative treatment on recordhow we know

Decided 1914-03-02

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Sheldon, J.

¶1We have not found it necessary to consider whether the action of the Superior Court in sustaining the defendants’ exceptions to the master’s report was correct. However that may be, it now may be assumed against the defendants that upon the facts found by the master the court rightly allowed the plaintiff to redeem from the mortgage upon payment of the sum found due thereon. As the plaintiff did not choose to avail himself of the privilege thus given to him, the final decree dismissing his bill must be affirmed unless in some respect he was aggrieved *264by the decree allowing him to redeem, but refusing to him any other redress.

¶2This was found to have been a valid mortgage. None of the plaintiff’s exceptions to the master’s report can be sustained. Most of these relate to findings of fact. The evidence has not been reported, and so we cannot say that the findings were wrong. So far as they were conclusions or inferences drawn from other facts stated, they were not unwarranted, and we cannot overthrow them. The testimony of Ahern and Lucy as to their intent in taking the mortgage was competent. It does not appear that the master treated this testimony as conclusive. The plain meaning of his report is that he regarded it as one piece of testimony, and his findings were made upon the whole evidence. Nor does it appear that any other evidence was wrongly admitted.

¶3It was for the judge to determine as a matter of discretion whether he would recommit the report. This has been so often decided that we need not cite authorities. We see nothing in the case to indicate that his discretion was wrongly exercised.

¶4The allowance for the value of the articles that had been sold by Ahern was correct. This comes within the principle of Long v. Athol, 196 Mass. 497, 506. See Putnam v. Bolster, 216 Mass. 367, 372, 373. No doubt the decree might have been simplified by deducting this sum from the gross amount found due upon the mortgage, and requiring the plaintiff to pay so much less; Reggio v. Warren, 207 Mass. 525, 538; but the result is the same whichever mode be adopted.

¶5There is no occasion to discuss the other matters which have been argued. They are disposed of by the facts which have been found.

¶6The final decree dismissing the bill must be affirmed, with the costs of the appeal.

¶7 So ordered.

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