000 01480cam a2200241 4500
001 ABS66753
008 111208n2003 000 0 eng u
035 _a(Sirsi) u122516
245 _aMarcq v Christie Manson and Woods Ltd
260 _c2003
520 _a[2003] EWCA Civ 731, 23 May 2003. Raises the question of whether an auctioneer who returned a painting "The backgammon players" unsold at a public auction to the prospective owner in good faith and without notice is liable in conversion or bailment to claimant true owner (M). The painting was stolen from M's flat in 1979. Its theft was reported to the police and was registered as stolen on the Art Loss Register before 1997. In July 1997 the defendant auctioneers (CMW) obtained possession of the painting from Mr Schuenemann for the purposes of selling it at auction on the terms of their conditions of business. CA upheld the HC decision that firstly CMW had acted in good faith and without notice and was therefore not liable in conversion to M and secondly dismissed M's claim for bailment. Appeal dismissed.
590 _aABS
650 _aMARCQ V CHRISTIE MANSON AND WOODS LTD
650 _aAUCTIONEERS
650 _aLIABILITY
650 _aGOOD FAITH
650 _aSTOLEN WORKS OF ART
650 _aPAINTINGS
650 _aBAILMENT
690 _aArt and antiques
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2003/731.html
_zView judgment free of charge at www.bailii.org
942 _n0
999 _c72818
_d72818