MacDonald v. Morin

Massachusetts Appeals Court

MacDonald v. Morin

339 N.E.2d 242, 3 Mass. App. Ct. 796

DecidedDecember 17, 1975

StatusPublished

This text of 339 N.E.2d 242 (MacDonald v. Morin) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

MacDonald v. Morin, 339 N.E.2d 242, 3 Mass. App. Ct. 796 (Mass. Ct. App. 1975).

Pincite

Opinion

We have no doubt that the action was properly dismissed under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974). The only count of the declaration (treated as a complaint) which alleged an actual injury to the plaintiff by reason of any act or omission on the part of the defendant (count 4) failed to assert any form of damages which would have been recoverable under prevailing principles of law.

Judgment affirmed.

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We have no doubt that the action was properly dismissed under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974). The only count of the declaration (treated as a complaint) which alleged an actual injury to the plaintiff by reason of any act or omission on the part of the defendant (count 4) failed to assert any form of damages which would have been recoverable under prevailing principles of law.

Judgment affirmed.

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Bluebook (online)

339 N.E.2d 242, 3 Mass. App. Ct. 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macdonald-v-morin-massappct-1975.