Legal Opinion
Lynch v. Signal Finance Co. of Quincy
Massachusetts Supreme Judicial Court
Decided April 28, 1975PublishedCited by 45 opinions
1Opinion of the CourtBraucher, J.
We are asked to determine what statute of limitations governs liability under G. L. c. 140C, § 10 (b), as amended by St. 1972, c. 229, § 9, the Truth-in-Lending Act. We hold that an action to enforce that liability, though denominated an action of contract, is an action for a penalty under a penal statute and is subject to G. L. c. 260, § 5, requiring that the action be commenced within one year after the offense is committed. A judge of the Superior Court therefore correctly ruled that the present action was barred, and we affirm.
By writ dated June 4, 1973, the plaintiffs brought an action…
2Cases cited20 opinions
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- McLearn v. HillMassachusetts Supreme Judicial Court · 1931
- Siegfried Wachtel and Wife, Roberta S. Wachtel v. Bryce West and Wife, Frances WestCourt of Appeals for the Sixth Circuit · 1973
- Samia v. Central Oil Co. of WorcesterMassachusetts Supreme Judicial Court · 1959
- Stetson v. FrenchMassachusetts Supreme Judicial Court · 1947
15 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- White v. Peabody Construction Co., Inc.Massachusetts Supreme Judicial Court · 1982
- Friedman v. JablonskiMassachusetts Supreme Judicial Court · 1976
- Teresa Tagliente, Trustee of the Tagliente Family Trust v. David C. HimmerCourt of Appeals for the First Circuit · 1991
- York v. SullivanMassachusetts Supreme Judicial Court · 1975
40 more not listed; retrieve them via the Exa API.