RIMOLDI SPORTSWEAR, INC. v. DEVLIN, 1 Mass. App. Ct. 832 (1973)

297 N.E.2d 74

Appeals Court of Massachusetts.
June 20, 1973.

As there was no evidence to warrant a finding that the assignment of accounts receivable made by the defendant in this case was one falling within the provisions of G.L.c. 106, § 9-104(f), or within those of G.L.c. 106, § 9-302(1)(e), and as there was no evidence to warrant a finding that any financing statement with respect to such assignment had been filed in the manner required by G.L.c. 106, §§ 9-401, et seq., the plaintiff, as a “lien creditor” (G.L.c. 106, § 9-301[3]), was entitled to

Page 833

prevail over the prior assignment of the accounts to the intervener. G.L.c. 106, § 9-301(1)(b).

Order dismissing report affirmed.

Robert J. Moses (Michael L. Pappas with him) for Peters Fabrics, Inc., intervener.

Michael Carchia, Jr., for Rimoldi Sportswear, Inc.