Rimoldi Sportswear, Inc. v. Devlin

Massachusetts Appeals Court

Rimoldi Sportswear, Inc. v. Devlin

297 N.E.2d 74, 1 Mass. App. Ct. 832, 1973 Mass. App. LEXIS 576

DecidedJune 20, 1973

StatusPublished

This text of 297 N.E.2d 74 (Rimoldi Sportswear, Inc. v. Devlin) 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

Rimoldi Sportswear, Inc. v. Devlin, 297 N.E.2d 74, 1 Mass. App. Ct. 832, 1973 Mass. App. LEXIS 576 (Mass. Ct. App. 1973).

Pincite

Opinion

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(l)(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 [833]*833prevail over the prior assignment of the accounts to the intervener. G. L. c. 106, § 9-301(l)(b).

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

Order dismissing report affirmed.

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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(l)(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 [833]*833prevail over the prior assignment of the accounts to the intervener. G. L. c. 106, § 9-301(l)(b).

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

Order dismissing report affirmed.

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Bluebook (online)

297 N.E.2d 74, 1 Mass. App. Ct. 832, 1973 Mass. App. LEXIS 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rimoldi-sportswear-inc-v-devlin-massappct-1973.

Opinion

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