On defendants' motion for summary judgment.
The complaint in this action is divided into four counts.
In the first count plaintiff sues defendant Burlington Housing Corporation to recover the sum of $47,952 representing a 2% commission for placing for the said defendant 296 first mortgages of $8100 each. The basis of plaintiff's claim is set forth in paragraphs 2, 3 and 4 of the first count which read as follows:
"2. On or about the aforesaid date the defendant, Burlington Housing Corporation retained the services of plaintiff for the purpose of placing 296 first mortgages of $8100.00 each at 4% for 25 years, for which service the said defendant agreed to pay to the plaintiff the sum of 2% for each mortgage.
3. Plaintiff was successful in this venture and on February 2, 1948, 296 firm commitments were obtained from the Federal Housing Administration.
4. Thereupon, there became due and owing to the plaintiff, the sum of $47,952.00."
In the second count plaintiff sues to recover from defendant Burlington Housing Corporation the sum of $36,841 for engineering services rendered by plaintiff to said defendant between December 15, 1947 and August 16, 1948. The gist
of the complaint in this count is set forth in paragraphs 2, 3 and 4 of the second count which read as follows:
"2. On or about the 15th day of December, 1947, the Burlington Housing Corporation retained the services of plaintiff for the purpose of obtaining certain engineering service for which the said defendant agreed to reimburse the plaintiff.
3. Between December 15th, 1947, and August 16th, 1948 plaintiff had the said engineering services performed.
4. Plaintiff expended $36,841.00 in this manner on behalf of the said defendant between the aforesaid dates."
In the third count plaintiff cnarges that in the month of March 1950 defendant Burlington Housing Corporation conveyed to its president, Edmond E. Robins, individually, the real estate comprising substantially all of its assets for a consideration substantially below the true value of the assets; that the defendant Robins had knowledge of the unpaid claims of the plaintiff against Burlington Housing Corporation; and that the transfer of assets to the defendant Robins was made for the purpose of defrauding the creditors of Burlington Housing Corporation, including the plaintiff.
In the fourth count it is charged that defendant Robins, on or about June 13, 1951, conveyed the real estate formerly belonging to defendant Burlington Housing Corporation to defendant Markheim-Chalmers-Ludington, Inc., for a consideration of $75,000 and that at the time of said conveyance defendant Markheim-Chalmers-Ludington, Inc. had prior knowledge of the fact that the assets of Burlington Housing Corporation had been conveyed by it to the defendant Robins in order to defraud creditors of Burlington Housing Corporation.
Plaintiff demands judgment for $84,793 (the sum of the demands in the first and second counts), together with interest and costs, against all the defendants, or either of them; that the defendant Robins be adjudged to hold in trust for the plaintiff the proceeds received by him on the transfer of said real estate to the defendant Markheim-Chalmers-Ludington, Inc.; and that an equitable lien be impressed upon the
said real estate, formerly constituting practically all of the assets of Burlington Housing Corporation and now held by defendant Markheim-Chalmers-Ludington, Inc., for the said ...