Gladstone v. Aronson Et Al‪.‬

RUGG, C. J. The plaintiff by this suit in equity undertakes to establish the indebtedness of the two principal defendants (hereafter referred to as the defendants) to him for rent, and to reach and apply in payment of the debt so established certain capital stock standing in the name of the defendants. The allegations of the bill so far as concerned the indebtedness were that the defendants were tenants at will of the plaintiff occupying an apartment and paying as rent therefor a stipulated sum per month, payable on the first day of each month beginning September 1, 1929, and that they owed rent for the months of May, June, July and August, 1930. The case was heard upon oral evidence before a Judge of the Superior Court. The evidence is reported in full. At the Conclusion of the evidence the Judge said, as reported by the official stenographer: 'I find the premises were vacated and the keys were surrendered on or before April 30. A decree may enter dismissing the bill with costs.' To this the plaintiff excepted. A final decree was entered dismissing the bill. From that decree the plaintiff appealed. There was no request made for a report of the material facts as found by the Judge, G. L. c. 214, § 23, and no such report was filed voluntarily by him. The questions to be determined, therefore, simply are whether there was error of law in the finding to which exception was taken as above stated, and whether the decree dismissing the bill can be justified on the entire record.