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Old 01-12-2018, 12:26 PM
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Exhibitman Exhibitman is offline
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The insurer who pays out typically has a subrogation right--it steps into the shoes of the insured for purposes of pursuing the person who caused the damage. Most personal articles policies also have language expressly transferring rights to damaged or recovered items to the insurer if payment is made to the insured on the policy.

I have no compunctions about naming the dealer, except I can't recall his name. I know he sets up at the National and has a wife who is very visible as part of the business. She is usually at the table over-dressed for the occasion, which in the case of a card show means she is usually wearing female clothing without visible scars, tattoos or a fanny pack.

As for the case itself, I see it this way:

I don't believe in 'moral' when it comes to commerce: there is legal and illegal.

Virtually no jurisdiction allows a thief to pass good title to a stolen object (there are a few bona fide purchaser laws in Texas for example that might allow it in certain circumstances, but this all went down in states that aren't run by moonbats). Doesn't matter how remote or how many times it is resold, title to the card is no good and the actual owner can recover it. Think of it this way: I steal the Mona Lisa and sell it to you and you can resell it a hundred times to a hundred different purchasers...doesn't mean the end buyer owns it because I never owned it; the lady goes back to Paris if the French authorities come a knocking. So, M never acquired good title to the cards because the dealer never had title to them because he purchased from a thief. The actual owner has the right to go into court and demand that M return his cards or pay the value of them. IMO, M did the right thing but he also did the thing that any decent attorney would have told him was the thing he would be compelled to do if push came to shove. M has a right against the dealer (what the heck is his name?) for what Peter already alluded to--breach of an implied warranty of good title to the merch. The dealer has the right to sue A's junkie brother for the cost he is out. A also can sue the brother and perhaps the grandparents for allowing the known junkie-criminal access to the cards in the first place.
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