Klarinet Archive - Posting 001410.txt from 2000/10

From: Gavin Rebetzke <GRebetzke@-----.au>
Subj: RE: [kl] Stolen Bass Clarinet
Date: Sun, 29 Oct 2000 20:49:35 -0500

Look on the bright side, the stolen bass clarinet has been found (sort of).
Now for the tricky part... getting it back. I'm no expert in NY Law, but
from common law principles, this Jim fellow has good title to the clarinet
against everyone in the world, except David Hattner. That is, unless there
is a specific "stolen property" statute applying locally which guarantees
title to the buyer of property from the police. If so, then perhaps the
police can be sued. In any case, considering the cost (both in dollar terms
and emotional terms) of the instrument, it would almost certainly be
worthwhile consulting a lawyer to find out what can be done. Something
probably can be done. If it happened here, I think that I'd be able to take
steps to get it back.
____________________
Gavin Rebetzke
Partner
Roberts & Kane Solicitors
Brisbane Queensland
Australia

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-----Original Message-----
From: Mark Charette [mailto:charette@-----.org]
Subject: Re: [kl] Stolen Bass Clarinet

> Therefore, this guy
> legally owns my bass clarinet, I guess.

I don't really think so; the police are supposed to do due diligence to find
the owner, and considering that they didn't (you reported the stolen
instrument to the police and the serial number was widely available via the
Internet) I'd say that you're owed the clarinet and the person who currently
has the instrument is owed a refund by the police. At least that's what has
happened locally with stolen cars and goods ... perhaps it varies by local
laws, but it's worth a shot.

Mark C.

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