Amer Realty Co. v. Spack Et Al‪.‬

PIERCE, J. This is a bill in equity wherein the plaintiff, under the provisions of G. L. c. 109A (St. 1924, c. 147), seeks to set aside a conveyance of real estate, from the defendant Max Spack to his wife the defendant Rebecca Spack, on the ground that the conveyance was without consideration and made for the purpose of hindering, delaying and defrauding the plaintiff in collecting a judgment. The defendants demurred. An interlocutory decree was entered overruling the demurrer, and the defendants appealed from the 'order, dismissing the defendants' demurrer.' Upon the filing of the defendants' answer the case was referred to a master under an order 'not to report the evidence * * * without special order of the Court.' The record does not disclose that such an order was made. The findings of the master in substance disclose that prior to February, 1929, the plaintiff brought an action against the Eastern Tire & Rubber Co., Inc., of which the defendant Max Spack was a director; that a special precept issued from the superior court under which an attachment of the goods of the Eastern Tire & Rubber Co., Inc. was made, and a keeper put into its place of business; that the Eastern Tire & Rubber Co., Inc., for the purpose of dissolving this attachment gave a bond in the penal sum of $1,500 with two sureties, one of whom was Max Spack. The writ in the action against the Eastern Tire & Rubber Co., Inc., was dated December 20, 1928. On November 22, 1929, the plaintiff recovered a verdict against the Eastern Tire & Rubber Co., Inc., in the sum of $562.50 and the case was reported to this court, where the verdict for the plaintiff was affirmed -- see Amer. Realty Co., Inc., v. Eastern Tire & Rubber Co., Inc., 274 Mass. 297, 174 N.E. 486 -- and on April 21, 1931, judgment in the superior court was entered for the plaintiff in the sum of $639.71 damages and $71.30 costs of suit. A petition was filed on July 11, 1930, and on November 10, 1930, the Eastern Tire & Rubber Co., Inc. was adjudicated bankrupt in the District Court of the United States for the District of Massachusetts.