Legal Opinion
Larkin v. CHARLESTOWN SAVINGS BANK
Massachusetts Appeals Court
Decided March 13, 1979PublishedCited by 8 opinions
1Opinion of the CourtGreaney, J.
The plaintiff appeals from the allowance of the defendant’s motion to dismiss, based on the ground that the complaint seeking to test the meaning and validity of G. L. c. 183, § 61, does not set out a matter appropriate for declaratory relief under G. L. c. 231A. We find the statute to be unambiguous and order the entry of a declaration as to its effect.
The case purports to be brought as a class action 2 and is part of the continuing dispute between mortgagors and residential mortgage lenders concerning payment of interest by the lenders on tax escrow mortgage accounts. The assertions made by…
2Cases cited26 opinions
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
- Carpenter v. Suffolk Franklin Savings BankMassachusetts Supreme Judicial Court · 1973
- Mailhot v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1978
- Town of Arlington v. Board of Conciliation & ArbitrationMassachusetts Supreme Judicial Court · 1976
- Massachusetts Housing Finance Agency v. New England Merchants National Bank of BostonMassachusetts Supreme Judicial Court · 1969
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3Cited by8 opinions
- Gennari v. City of RevereMassachusetts Appeals Court · 1987
- Whitehouse v. Town of SherbornMassachusetts Appeals Court · 1981
- County of Middlesex v. City of NewtonMassachusetts Appeals Court · 1982
- Glass v. City of LynnMassachusetts Appeals Court · 2000
- Bruno v. Alliance Rental Group, LLCMassachusetts Appeals Court · 2023
3 more not listed; retrieve them via the Exa API.