Epstein v. Seigel

In response to an amended complaint in contract in which the plaintiff, Maurice Epstein, seeks to recover $3,000, which was the amount of a check, dated July 29, 1968, drawn by the defendant, Benjamin Seigel, to the plaintiff’s order, the defendant filed a motion to dismiss under Mass. R. Civ. P. 12 (b)(6), 365 Mass. 754 (1974), specifically interposing the statute of limitations as a bar to recovery. A judge in the District Court allowed the motion to dismiss and reported his order of dismissal to the Appellate Division, which dismissed the report. The plaintiff appealed from the order of…