City of New Bedford v. Lloyd Investment Associates, Inc.

The plaintiff city of New Bedford appeals from an order granting a motion by the defendant Lloyd Investment Associates, Inc., under G. L. c. 231, § 59, for judgment on undisputed facts. The ground of the motion and judgment was that the action was barred by G. L. c. 260, § 2, as appearing in St. 1948, c. 274, § 1, the six-year statute of limitations applicable to “Actions of contract,” as defined.

The plaintiff city’s declaration, in two counts, was in substance as follows. In 1956-1957 the city took the necessary steps by means of “loan orders” Nos. 1 and 2, adopted by the city council and…