RIMOLDI SPORTSWEAR, INC. vs. JAMES DEVLIN & another.

RIMOLDI SPORTSWEAR, INC. vs. JAMES DEVLIN & another.

1 Mass. App. Ct. 832

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, Section 9-104(f), or within those of G. L. c. 106, Section 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, Sections 9-401, et seq., the plaintiff, as a "lien creditor" (G. L. c. 106 Section 9-301[3]), was entitled to

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

Order dismissing report affirmed.