French v. Weld

INTRODUCTION

Two hundred and ten years after the maturing of an obligation of the State of Massachusetts Bay, John and Mary French demanded payment. When their demand was rejected, this action against the Commonwealth, the Governor and the Treasurer followed. It seeks the dollar equivalent of the principal, which was to have been paid in pounds and shillings, plus interest. The defendants now move to dismiss the complaint pursuant to Mass.R.Civ.P. 12(b)(6). That motion is allowed for the reasons discussed below.

BACKGROUND

For purposes of the motion to dismiss, the allegations set forth in the…