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Old 12-01-2009, 02:11 PM
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Peter Spaeth
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Quote:
Originally Posted by Bosox Blair View Post
Well the "bona fide purchaser for value without notice" doctrine, which applies in many, many jurisdictions assumes the exact opposite. The consignor in this scenario would take good title to the card and it is the person who was originally scammed who must seek his recourse against the "thief".

This is what I've been driving at - the answer to this question is not obvious and may differ depending on where you live.

Cheers,
Blair
We have been through this before but a thief cannot convey good title to anyone, even to a BFP. The one complication here may be if the thief had voidable title, in which case a BFP may take good title. So the question is whether obtaining the card in this fashion is theft, or something more akin to fraud.
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