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EPSTEIN v. SEIGEL

396 Mass. 278 (1985)

485 N.E.2d 947

MAURICE EPSTEIN vs. BENJAMIN SEIGEL.

Supreme Judicial Court of Massachusetts, Middlesex.

December 3, 1985.

Attorney(s) appearing for the Case

Maurice Epstein, pro se (Barbara Stedman with him).

Morris J. Gordon (David M. Stern with him) for the defendant.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

NOLAN, J.

In response to an amended complaint in contract in which the plaintiff, Maurice Epstein, seeks to recover $3,000, which was the amount of a check, dated July 29, 1968, drawn by the defendant, Benjamin Seigel, to the plaintiff's order, the defendant filed a motion to dismiss under Mass. R. Civ. P. 12 (b)(6), 365 Mass. 754 (1974), specifically interposing the statute of limitations as a bar to recovery. A judge in the District Court allowed the motion to dismiss...

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