Civil Procedure Keyed to Freer
DeWeerth v. Baldinger
Facts
Gerda Dorothea DeWeerth (Plaintiff) owned a Claude Monet painting worth $500,000, which she sent to her sister’s house for safekeeping during World War II. After Plaintiff discovered that the painting had been stolen, she wrote letters to an attorney, an art history professor, and the West German federal bureau of investigation over the course of three years requesting their assistance in locating the missing painting. None were able to assist and there is no evidence that Plaintiff followed up with any of these parties. In 1957, Edith Marks Baldinger (Defendant) purchased the stolen painting from an art gallery in New York City. She did so in good faith and without any knowledge that it was stolen. Defendant displayed the painting primarily in her home for twenty-six years. In 1982, Plaintiff’s nephew discovered that the art gallery had sold the stolen painting. He relayed this information to his aunt
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