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Remedies Keyed to Kovacic-Fleischer, 8th
Baram v. Farugia
Citation:
606 F.2d 42 (1979)Facts
Dr. Joseph Baram legally acquired Foxey Toni, a bay filly racehorse, for $3,000 at a claiming race in Pennsylvania. He appointed Dennis Fredella as trainer with authority to enter the horse in races. Without Dr. Baram’s knowledge or consent, Fredella, who was indebted to Robert Farugia, transferred possession of Foxey Toni to Farugia along with the horse’s registration certificate bearing Dr. Baram’s forged signature. Both Fredella and Farugia knew or should have known the signature was forged and that Fredella lacked authority to transfer the horse. Farugia then transferred joint ownership to himself and Glenn Hackett, and they raced the horse in Canada. When Dr. Baram discovered these events, he demanded return of the horse, but Farugia refused and offered only a modest settlement. Dr. Baram rejected this offer and filed suit. During prior state criminal proceedings against Fredella, Dr. Baram received and accepted $3,000 from Fredella as payment for the horse’s value before proceeding to trial against Farugia and Hackett for compensatory and punitive damages.
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