Mass. Gen. Laws » Part III Title IV Chapter 255
Massachusetts General Laws

Mass. Gen. Laws ch. 255, § 35 (2026)

Priority between certain liens

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 35. As against a conditional vendor or lessor, or person claiming under him, the lien of a bailee of the vendee or lessee or person claiming under him on property exceeding twenty dollars in value, for consideration furnished, without actual notice of the conditional sale or lease, shall prevail; except that the lien of such a bailee on property delivered to him subsequent to the breach of a condition of the sale or lease shall not prevail if the conditional vendor or lessor or person claiming under him makes demand in writing on the bailee for the property within ninety days from the date of the bailment.

Notes of Decisions
Cited in 5 cases, 1924–2006 · leading case: MCS Enter., Ltd. v. Henry, 2006 Mass. App. Div. 47 (Mass. Dist. Ct., App. Div. 2006).
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MCS Enter., Ltd. v. Henry, 2006 Mass. App. Div. 47 (Mass. Dist. Ct., App. Div. 2006). · cites it 2× “MCS argues for the first time on this appeal that it was entitled to summary judgment in its favor based on the lien priorities established by G.L.c. 255, §35, which provides, in relevant part: As against a conditional vendor or lessor .”
Dunbar-Laporte Motor Co. v. Desrocher, 142 N.E. 57 (Mass. 1924). “The defendant testified that Viellioux left the car at the defendant’s garage and requested him to make certain repairs upon it; and, having made the repairs; he claims a lien by virtue of G. L. c. 255, § 35. Viellioux, as the conditional owner of the car, had the right to…”
Cuneo v. Smith, 146 N.E. 674 (Mass. 1925). “By G. L. c. 255, § 35, it is enacted that against a conditional vendor, the lien of a bailee of the vendee or lessee, on property exceeding $20 in value, for consideration furnished without actual notice of the conditional sale, shall prevail, “provided, that the property was…”
Spector v. Callahan, 173 N.E. 420 (Mass. 1930). “Case governed by G. L. c. 255, § 35 ”; ruled, in substance, that the plaintiff was not barred by the prior adjudication, and found for the plaintiff.”
Clyde Everett Equip. Co. v. Sanderson, 28 Mass. App. Dec. 63 (Mass. Dist. Ct., App. Div. 1964). “The decision depends on the interpretation of the word “or” in G. L. c. 255, §35: Priority between Lien of Vendee’s or Lessee’s Bailee and Vendor or Lessor.”
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