Acushnet Federal Credit Union v. Roderick

Upon a jury verdict, a judgment in the amount of $3,315.25 was entered in favor of the plaintiff, Acushnet Federal Credit Union (Credit Union). That sum reflected the unpaid principal on a promissory note ($2,878.71), plus interest.

1. Jury instruction. In the face of a timely and correct request for jury instruction, the trial judge erroneously charged the jury as to the tort of misrepresentation thus: “. . . that the Credit Union made the misrepresentations knowing that the statements made were false.” The instruction is in error because under Massachusetts law actionable misrepresentation…