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Summary of Opinion: Standard Oil Company of New York v. Lionel Malaguti

Factual and Procedural Background

This is an action of contract brought by the plaintiff to recover on an account annexed for gasoline and oil sold and delivered against "Lionel Estelle Malaguti ... co-partners doing business under the firm name and style of Commonwealth Ave. Garage." The writ in the Municipal Court of the City of Boston was dated May 13, 1926. The case was removed to the Superior Court and referred to an auditor with an agreement of the parties that the auditor's findings of fact should be final. The auditor found that the plaintiff's sales ledger contained charges to the defendants corresponding to the items in the account annexed; that these charges were posted from invoices made up from delivery slips on the day of delivery; that the entries were made in good faith in the regular course of business before the proceeding; and that there was no other evidence in the case. The auditor found the defendants indebted to the plaintiff in the sum of $896.46 with interest from the date of the writ. The plaintiff moved for judgment and the defendants moved for judgment; the plaintiff's motion was allowed and the defendants' motion denied subject to exceptions. The record also states there was a finding for the plaintiff in the sum of $1,093.58 and that the defendants alleged exceptions.

Legal Issues Presented

  1. Whether entries in the plaintiff's account books, made in the regular course of business and in good faith before the proceeding, are admissible under G.L. c. 233, § 78 to show that goods were sold and delivered to the defendants (charged to a partnership).
  2. Whether the auditor's report, which finds for the plaintiff based on the account books alone, permits the inference that those books show the necessary elements to prove a sale of goods and delivery to the defendants for a price.
  3. Whether a judge reviewing an auditor's report may draw the inferences and make the subsidiary findings necessary to support a general finding for the plaintiff.
  4. Whether a general finding by the trial judge will be sustained if, upon any view, it can be supported by the evidence and rational inferences.

Arguments of the Parties

Defendants' Arguments

  • The auditor's report and supplemental report permit only one conclusion as a matter of law: there is no proof that the defendants were co-partners indebted to the plaintiff on any or all items declared.
  • On the auditor's report the only possible legal conclusion is that there should be a finding for the defendants.
  • The auditor's finding for the plaintiff for $896.46 (with interest from May 13, 1926) is erroneous as a matter of law on the face of the report.
  • If the court rules the auditor's conclusion of fact and finding erroneous as a matter of law, the court should not consider that conclusion but should correct the error by drawing the conclusion and making the finding warranted by all the evidence as reported by the auditor and order judgment accordingly.
  • The plaintiff cannot recover in the absence of proof of the alleged copartnership, despite the writ alleging a copartnership and the answer being a general denial.
  • There is no evidence of an express agreement by the defendants to purchase the goods, nor evidence of their request or order for delivery, nor evidence they had notice or knowledge that goods had been delivered to them; therefore the plaintiff cannot recover.
  • There is no evidence of the reasonable value of the goods in any of the account items, so any finding for the plaintiff for $896.46 (or more than nominal damages) is wrong as a matter of law.

Plaintiff's Position

  • No argument or brief for the plaintiff was filed or presented in the record.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Taylor v. Harrington, 243 Mass. 210, 213 That an entry in a book of account is admissible to show to whom the account is charged — i.e., to whom the goods were sold and delivered. The court applied this principle to hold that the plaintiff's account-book entries were admissible to show the sales and deliveries charged to the defendants (here, as a partnership).
10 Cush. 35 (Keith v. Kibbe) Represents the preexisting law which G.L. c. 233, § 78 supplanted. The court observed that the statute changed the law as declared in Keith v. Kibbe and cases following it, supporting admissibility under the statute.
Kaplan v. Gross, 223 Mass. 152, 154 Addressed in relation to the admissibility/construction of account-book entries (implicitly discussing consistency with the court's conclusion). The court noted there was nothing inconsistent in its conclusion with Kaplan v. Gross.
Fisher v. Doe, 204 Mass. 34, 40 That a judge, in passing upon an auditor's report, draws his own inferences from the facts stated. The court relied on this principle to explain that the trial judge appropriately interpreted the auditor's report and drew the necessary inferences.
Moss v. Old Colony Trust Co. 246 Mass. 139, 143 That a general finding by the trial judge imports the drawing of all rational inferences and subsidiary facts and will not be reversed if it can be sustained on any view. The court applied this rule to affirm that the trial judge's general finding would stand if it could be sustained by any reasonable interpretation and inference from the auditor's report.

Court's Reasoning and Analysis

The court began from the auditor's material findings: the plaintiff's sales ledger showed charges to the defendants corresponding to the items in the account annexed; the charges were posted from invoices prepared from same-day delivery slips; the entries were made in good faith, in the regular course of business, and before the proceeding; and there was no other evidence.

The court then applied G.L. c. 233, § 78, which makes admissible entries in regularly kept business accounts if made in good faith before the proceeding. Citing Taylor v. Harrington, the court stated that such an entry is admissible to show to whom the account is charged — i.e., to whom goods were sold and delivered. The court observed that although Taylor related to a single defendant, its principle applies equally where an account is charged against a partnership.

Addressing the trial judge's statement that "inasmuch as the auditor has found for the plaintiff on the evidence supplied by the account books, alone, it must be inferred that those books contain sufficient to show all of the necessary elements required to prove a sale of goods, and delivery of the goods to the defendants for a price," the court construed that statement to mean the judge was making a reasonable interpretation and drawing the inference that the auditor's report reasonably called for. The court stated the judge was not under compulsion to make the inference but was properly interpreting and, where necessary, drawing the inference from the facts stated in the auditor's report.

The court relied on Fisher v. Doe for the proposition that a judge reviewing an auditor's report draws his own inferences from the facts stated, and on Moss v. Old Colony Trust Co. for the further proposition that a general finding by the trial judge imports the drawing of all rational inferences and subsidiary facts and will not be reversed if it can be sustained on any view. Applying these principles, the court concluded there was no error of law in the rulings denying the defendants' requested rulings and in the judge's drawing of the necessary inferences from the auditor's report.

Holding and Implications

EXCEPTIONS OVERRULED.

Holding: The Supreme Judicial Court overruled the defendants' exceptions. The trial judge's rulings denying the defendants' requests and allowing the plaintiff's motion were held not to be in error. The court upheld the admissibility and the probative effect of the plaintiff's account-book entries under G.L. c. 233, § 78 and sustained the trial judge's drawing of reasonable inferences from the auditor's report.

Implications: The direct effect is that the trial court's judgment for the plaintiff, as supported by the auditor's findings and the judge's general finding (including necessary inferences), stands. The opinion applies the statute and existing case law to the facts; it does not announce a new legal principle beyond the application of those authorities to the auditor's report in this case.

STANDARD OIL COMPANY OF NEW YORK vs. LIONEL MALAGUTI another.

Evidence, Entries in usual course of business, Inference, Of identity. Practice, Civil, Auditor: report; Findings by judge.

An auditor to whom was referred, with an agreement of the parties that his findings should be final, an action of contract upon an account annexed for goods sold and delivered, against two defendants, alleged in the writ to be copartners, found as follows: "The plaintiff's sales ledger, introduced in evidence, contained charges to the defendants . . . corresponding to the items set out in the account annexed to its declaration. These charges were posted in the sales ledger from invoices which were made up from delivery slips the same day the deliveries were made. These entries, I find, were made in good faith, in the regular course of business and before this proceeding was commenced. There was no other evidence in the case"; and he found for the plaintiff. Upon the hearing of motions for judgment, the judge, ruling upon requests by the defendant for rulings, stated that "as to the defendants' request for rulings, my view of the law is that inasmuch as the auditor has found for the plaintiff on the evidence supplied by the account books, alone, it must be inferred that those books contain sufficient to show all of the necessary elements required to prove a sale of goods, and delivery of the goods to the defendants for a price." Upon exceptions by the defendants after a finding for the plaintiff, it was held, that (1) Under G.L.c. 233, § 78, the entries in the plaintiff's books were evidence that the goods were sold and delivered to the defendants as a partnership; (2) The statement of the judge meant, not that he felt under a compulsion to make the inference therein stated, but that the reasonable interpretation of the auditor's report was that the books of account showed the elements stated, and that so far as it was a matter of inference and interpretation he made such inference; (3) Such a ruling and inference by the judge were correct; (4) The general finding of the trial judge imported the drawing of all rational inferences of which the case was susceptible and the finding of all necessary subsidiary facts; (5) Such a finding was not to be reversed if upon any view it could be sustained; (6) The exceptions were overruled.

RUGG, C.J.

This is an action of contract whereby the plaintiff seeks to recover against the defendants, alleged to be a copartnership, an aggregate of several items set forth in an account annexed. The case was referred to an auditor whose material findings are these: "The plaintiff's sales ledger, introduced in evidence, contained charges to the defendants for gas and oil delivered to them in various amounts and at different times corresponding to the items set out in the account annexed to its declaration. These charges were posted in the sales ledger from invoices which were made up from delivery slips the same day the deliveries were made. These entries, I find, were made in good faith, in the regular course of business and before this proceeding was commenced. There was no other evidence in the case. There was no evidence of any demand for payment prior to the date of the writ, and I find that the defendants are indebted to the plaintiff in the sum of Eight Hundred Ninety-six and 46/100 (896.46) dollars, with interest to be added from May 13, 1926, the date of the writ." The plaintiff filed a motion for judgment in its favor, as did also the defendants. The plaintiff's motion was allowed; the defendants' motion was denied subject to the exceptions of the defendants.

It is provided by G.L.c. 233, § 78, that "An entry in an account kept in a book . . . or by any other system of keeping accounts shall not be inadmissible in any civil proceeding as evidence of the facts therein stated because it is transcribed or because it is hearsay or self-serving, if the court finds that the entry was made in good faith in the regular course of business and before the beginning of the civil proceeding aforesaid." It has been held that such an entry is admissible to show to whom the account is charged, that is to say, to whom the goods were sold and delivered. Taylor v. Harrington, 243 Mass. 210, 213. Although that decision related to a single defendant, in principle it is equally applicable to the case at bar where the account was charged against a partnership. The statute changed the preexisting law as declared in Keith v. Kibbe, 10 Cush. 35, and numerous cases following it. There is nothing inconsistent with this conclusion in Kaplan v. Gross, 223 Mass. 152, 154. The judge stated that "as to the defendants' request for rulings, my view of the law is that inasmuch as the auditor has found for the plaintiff on the evidence supplied by the account books, alone, it must be inferred that those books contain sufficient to show all of the necessary elements required to prove a sale of goods, and delivery of the goods to the defendants for a price." We interpret this to mean not that the judge felt under a compulsion to make the inference, but that the reasonable interpretation of the auditor's report was that the books of account showed the elements stated, and that so far as it was a matter of inference and interpretation he made such inference. In this he was correct. Of course, a judge in passing upon an auditor's report so far as necessary draws his own inference from the facts stated. Fisher v. Doe, 204 Mass. 34, 40. The general finding of the trial judge imports the drawing of all rational inferences of which the case is susceptible and the finding of all necessary subsidiary facts, and that finding will not be reversed if upon any view it can be sustained. Moss v. Old Colony Trust Co. 246 Mass. 139, 143. There was no error of law in the rulings made and in the denial of the requests presented.

Exceptions overruled.

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STANDARD OIL CO. OF NEW YORK v. MALAGUTI
(Nov 14, 1929)