Schank v. Hebert Machinery Co.

The plaintiffs brought these actions under G. L. cc. 231A and 214 seeking to establish their respective rights in a profit sharing trust that had been set up by their former employers, Hebert Machinery Company, Inc., and R. A. Hebert Machine Tool Co., Inc.2 The cases were *221tried before a master who found for each plaintiff. No hearing was ever held on either of the master’s draft reports because the defendants did not receive notice of the hearing thereon until July 17, 1975, two days after the date set for the hearing. The reason for the delay was that the notice to the defendants was mailed…