Bill Mastro's upcoming sentencing

[Exhibitman]

Nice post Joann. Hate to sound all lawyerly here but has anyone considered that Leon might be the lawful owner of the card? A minority of states (and I believe Texas is one) allow a thief or his successor to convey good title to a bona fide purchaser. Before we bust out the tar and feathers I think we need an answer to that question.

[Peter_Spaeth]

Originally Posted by Exhibitman

Nice post Joann. Hate to sound all lawyerly here but has anyone considered that Leon might be the lawful owner of the card? A minority of states (and I believe Texas is one) allow a thief or his successor to convey good title to a bona fide purchaser. Before we bust out the tar and feathers I think we need an answer to that question.

I find that hard to believe, I thought the rule throughout the US was nemo dat quod non habet -- a thief cannot convey good title, therefore a subsequent purchaser cannot acquire good title. Always happy to learn though.

EDIT TO ADD I suppose there could be some variance in state statutes of limitation, but again, I would be surprised if any state allowed a subsequent purchaser's rights to prevail over an original owner whose goods were stolen. As the common law doctrine says, nobody can give what he doesn't have.

[btcarfagno]

Originally Posted by Peter_Spaeth

I find that hard to believe, I thought the rule throughout the US was nemo dat quod non habet -- a thief cannot convey good title, therefore a subsequent purchaser cannot acquire good title. Always happy to learn though.

You and your damn French.

Tom C

[Shoeless Moe]

Originally Posted by btcarfagno

You and your damn French.

Tom C

https://www.youtube.com/watch?v=fnOcwy3Jle0

[Exhibitman]

Unfortunately the UCC is not uniform across jurisdictions. Many states enact their own modified versions. I ran across one such variance between states in a case and it made a difference in the outcome.

[danmckee]

Originally Posted by Exhibitman

Unfortunately the UCC is not uniform across jurisdictions. Many states enact their own modified versions. I ran across one such variance between states in a case and it made a difference in the outcome.

Did you win or lose that one Adam?

[calvindog]

While I'm sure all of the civil lawyers mean well, I think you're doing a disservice to Leon who, as noted in the Heritage catalog, was engaging in "philanthropy" by selling his collection to pay for his daughter's education. I say this sincerely that I think the last thing he would then want to have happen is to use a legal loophole to keep a card stolen from the New York Public Library. Kind of the opposite of "philanthropy," you know?

[Peter_Spaeth]

This civil lawyer does not believe such a loophole exists, assuming the card was stolen. But if someone can point me to something contrary....

[nolemmings]

Interesting full faith and credit implications, or at least issues concerning interstate commerce. If seller is lawful owner under his State's law, does buyer's State have to recognize the sale as valid if it would otherwise not be? If any buyer in the chain of title after thief lived in a State that recognizes a BFP as having a valid interest, are all subsequent States where buyers reside bound to that same determination? I've actually got to go bill some time now, but crackerjack researcher and scholar Peter_Spaeth no doubt will have an informed response upon my return

[Peter_Spaeth]

Originally Posted by nolemmings

Interesting full faith and credit implications, or at least issues concerning interstate commerce. If seller is lawful owner under his State's law, does buyer's State have to recognize the sale as valid if it would otherwise not be? If any buyer in the chain of title after thief lived in a State that recognizes a BFP as having a valid interest, are all subsequent States where buyers reside bound to that same determination? I've actually got to go bill some time now, but crackerjack researcher and scholar Peter_Spaeth no doubt will have an informed response upon my return

For these very reasons, and the fact that we have a Uniform Commercial Code, I very much doubt the law varies according to state. But I am not going to research it any more than to note a quick google search reveals a scholarly article stating the principle I stated as the American rule.

[baseballart]

In case anyone is interested, the NYPL library contact information is:

Robert J. Vanni
Vice President, General Counsel and Secretary
The New York Public Library, Astor, Lenox and Tilden Foundations
Fifth Avenue and 42nd Street
New York, New York 10018-2788
tel. (212) 930-0744
fax (212) 391-2503
rvanni@nypl.org


I'm not sure if this is still current. When I contacted Robert on an auction item a few years ago, he advised that it had been de-accessioned. He also welcomed queries on any other item where title might be in question.

Max

[baseballart]

Originally Posted by baseballart

In case anyone is interested, the NYPL library contact information is:

Robert J. Vanni
Vice President, General Counsel and Secretary
The New York Public Library, Astor, Lenox and Tilden Foundations
Fifth Avenue and 42nd Street
New York, New York 10018-2788
tel. (212) 930-0744
fax (212) 391-2503
rvanni@nypl.org


I'm not sure if this is still current. When I contacted Robert on an auction item a few years ago, he advised that it had been de-accessioned. He also welcomed queries on any other item where title might be in question.

Max

New gerneral counsel is

Michele Coleman Mayes, Vice President, General Counsel and Secretary

212-642-0115