Kunstsammlungen zu Weimar v. Elicofon

Facts

The Kunstsammlungen museum, Plaintiff, is located in Germany. Plaintiff is the owner of two portraits that are painted by the German artist Albrecht Duerer. Once World War II commenced, Dr. Walter Scheidig, the museum’s director, moved the paintings to a castle that is nearby for safekeeping. In the spring of 1945, around the time of Germany’s surrender in the war, American troops were positioned at the castle. In the summer of 1945, the American troops left, and, at the same time, the Duerer portraits disappeared. Elicofon, Defendant, purchased the portraits in New York from an American who was an ex-serviceman. Once Defendant publicly disclosed that he was in possession of the paintings, Plaintiff initiated this action against Defendant seeking a return of the paintings. Dr. Schedig introduced uncontradicted testimony about the paintings’ disappearance. Plaintiff motioned for summary judgement on the grounds there was genuine issue of material fact regarding whether Defendant obtained good title to the paintings. In support of Plaintiff’s motion, Plaintiff asserted that Dr. Scheidig’s uncontradicted testimony substantiated an irrefutable inference that the paintings were stolen from the castle in 1945, thus, Defendant lacked good title to the paintings, as Defendant obtained the paintings from the thief or from the thief’s transferee. Defendant filed a cross motion of summary judgement on the grounds that there was an issue regarding the facts that Plaintiff has relied upon to establish theft. In the alternative, Defendant asserted that the theft did not prevent the court from finding that the ex service man gave Defendant good title to the paintings.