Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 31 (2026)

Equitable defenses

✓ current as of July 2026

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Section 31. In the district courts, the defendant may allege in defense any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment recovered by the plaintiff in such action.

Notes of Decisions

Cited in 34 cases (1 in the last 5 years), 1921–2022 · leading case: Santos v. U.S Bank Nat'l Ass'n, 54 N.E.3d 548 (Mass. App. Ct. 2016).

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Santos v. U.S Bank Nat'l Ass'n, 54 N.E.3d 548 (Mass. App. Ct. 2016). · cites it 2× “ve the same equitable powers and jurisdiction as is provided for the superior court pursuant to chapter 214 and the same authority with regard to declaratory judgments as is provided for the superior court pursuant to chapter 231A for the purpose of the hearing and disposition…”

Bank of Am., N.A. v. Rosa, 999 N.E.2d 1080 (Mass. 2013). · cites it 3× “” G. L. c. 231, § 31, as appearing in St. 1973, c.”

Srebnick v. Lo-Law Transit Mgmt., Inc., 557 N.E.2d 81 (Mass. App. Ct. 1990). “Compare G. L. c. 231, § 31, as inserted by St. 1973, c.”

Griffin v. Cogliano, 2002 Mass. App. Div. 55 (Mass. Dist. Ct., App. Div. 2002). · cites it 2× “” G.L.c. 231, §31. See Ahepa Charitable Corp.”

Peters v. Wallach, 321 N.E.2d 806 (Mass. 1975). “G. L. c. 231, § 31, as appearing in St. 1973, c.”

Lawless-Mawhinney Motors, Inc. v. Mawhinney, 490 N.E.2d 475 (Mass. App. Ct. 1986). · cites it 2× “The landlord’s first line of attack is that injunctive relief was improvidently granted because the tenant had adequate remedies at law: there was no need to anticipate; should the landlord bring eviction proceedings through summary process action (G.”

Stevens v. William S. Howe Co., 176 N.E. 208 (Mass. 1931). “The answer of the defendant, among other matters, pleaded the equitable defence (G. L. c. 231, § 31; Jump v. Sparling, 218 Mass.”

Hooker v. Porter, 171 N.E. 713 (Mass. 1930). “G. L. c. 231, § 31. Hence, the case is not within the rule that a person at his option may set up an equitable defence in an action at law or proceed by the concurrent remedy of an independent suit in equity.”

King v. Milliken, 248 Mass. 460 (Mass. 1924). “The judge found the facts to be as alleged in the answer; and, in substance, ruled that the defendant would have been entitled to a decree for specific performance in a bill in equity season *464 ably brought against this plaintiff. In other words, he was entitled in equity to…”

Baker v. Langley, 141 N.E. 671 (Mass. 1923). “496 , is, that the plaintiff has a complete and adequate remedy at law by pleading the statute of limitations, or by an equitable defence under G. L. c. 231, § 31. But to sustain any objection to the jurisdiction of the court on the ground of the adequacy of the remedy at law it…”

Paquin v. Arruda, 1983 Mass. App. Div. 276 (Mass. Dist. Ct., App. Div. 1983). “” G.L.c. 231, §31. Dist./Mun. Cts. R. Civ. P.”

Bancroft Trust Co. v. Canane, 171 N.E. 281 (Mass. 1930). “Under G. L. c. 231, § 31, equitable defences may be alleged to an action at law.”

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