278 Mass. 527 | Mass. | 1932
This action of tort was begun by a writ dated June 23, 1931. The declaration is as follows; “And the
The defendants pleaded in bar the statute of limitations. The judge found in accordance with an agreement of the parties that “none of the provisions of the statutes extending the time of the running of the general statute of limitations, G. L. c. 260, § 4, apply,” and sustained the plea. The plaintiff excepted.
The declaration states no cause of action which accrued after December 28, 1926. So far, therefore, as the action is for assault and battery, false imprisonment or slander it is barred by the two-year statute. G. L. c. 260, § 4. The plaintiff contends, however, that the declaration states causes of action in tort for deceit and for conspiracy and, therefore, can be maintained since the action was commenced within six years after these causes thereof accrued. G. L. c. 260, § 2.
The declaration states no cause of action for deceit. The plaintiff contends that such a cause of action accrued to her from her having been induced by fraud to leave her home in Pennsylvania and come to Massachusetts, and relies upon Cook v. Brown, 125 Mass. 503, and Sweet v. Kimball, 166 Mass. 332, in support of this contention. The declaration, however, contains no allegation that the defendants made any false representations to the plaintiff expressly or by implication and, consequently, does not bring this case within the authority of these decisions.
The declaration states no cause of action for conspiracy. The gist of the action is tortious restraint of the plaintiff by the defendants and resulting damage, coupled with assault and battery and defamation in the course of the unlawful restraint. The allegation of conspiracy does not change the nature of the action or state an independent cause of action. It is at most an allegation that the wrongful acts were done jointly. Bilafsky v. Conveyancers Title Ins. Co. 192 Mass. 504. Perry v. Hayes, 215 Mass. 296. Lawrence Trust Co. v. Sun-American Publishing Co. 245
Exceptions overruled.