Klarinet Archive - Posting 001466.txt from 2000/10

From: alevin@-----. Levin)
Subj: Re: [kl] Stolen Bass Clarinet
Date: Mon, 30 Oct 2000 13:55:57 -0500

The bass clarinet is the property of Mr. Hattner. He reported it to the
police. The police had no legal right to dispose of it to anyone but the
owner if they knew or should have known who that person is (was?
whatever!) The occasional use of the defense of "bona fide purchaser for
value" does not apply when either the buyer or seller knows that the item
is hot and/or got it for less than fair value. Alert the seller, the
seller's auctioneer, webmaster or email provider to the problem.

Allen Levin, Esq.
At 10:55 AM 10/29/00 -0500, you wrote:
>> 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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