Babco Industries, Inc. v. New England Merchants National Bank

1. A. motion to dismiss under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), lies against a complaint which shows on its face that the statute of limitations has run prior to the date the action was commenced. See 2A Moore’s Federal Practice par. 12.10 (2d ed. 1975); 5 Wright & Miller, Federal Practice and Procedure § 1357, at 608 (1969). 2. Counts I and VII clearly sounded in tort and were thus barred by the two-year statute of limitations found in G. L. c. 260, § 2A, as in effect prior to St. 1973, c. 777, § 1 *930(effective January 1, 1974). No argument is made to the contrary. 3. Accepting the…