Bass River Lobsters, Inc. v. Smith

The plaintiffs, Bass River Lobsters, Inc., and two of its officers, brought suit under G. L. c. 231A, seeking a determination that a promissory note they had executed in the defendant’s favor violated the disclosure requirements of G. L. c. 140C, inserted by St. 1969, c. 517, § 1, commonly known as the Truth-in-Lending Act. They also sought the civil penalty prescribed by § 10(6) of the statute. A judge granted the defendant’s motion to dismiss for failure to state a claim (Mass.R.Civ.P. 12[b][6], 365 Mass. 755 [1974]), but allowed the plaintiffs "leave to file a motion to amend together with…