This is a brief excerpt from the document you requested from IFAR’s Art Law & Cultural Property Database.
Leonardo Da Vinci’s Horse, Inc. v. O’Brien
Leonardo Da Vinci’s Horse, Inc. v. O’Brien, 761 F. Supp. 1222 (E.D. Pa. 1991).
The court in this case found that when a gallery purchases art at a "bargain basement" price, but fails to contact the owner to double check the agent’s authority to make the sale, the gallery must submit to the
The authority given by law to a court to try cases and rule on legal matters within a particular geographic area or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. State courts have jurisdiction over matters within that state, and different levels of courts have jurisdiction over lawsuits involving different amounts of money (http://dictionary.law.com).
of any court in which a
A civil wrong (tort) in which one converts another's property to his own use; in other words, “stealing.” Conversion includes treating another's goods as one's own, holding onto such property which accidentally comes into the taker’s hands, or purposely giving the impression that the assets belong to the taker. This gives the true owner the right to sue for his own property or the value and loss of use of it, as well recourse to law enforcement authorities, since conversion usually includes the crime of theft (http://dictionary.law.com).
claim is brought, even if that court is located in a different state or an otherwise inconvenient
The site provided by law or chosen by the parties for adjudication of a dispute. In art, the site of an exhibition.
Associated Legal Decision(s)
Click here to subscribe to IFAR's Art Law & Cultural Property Database to access this and other documents about U.S. and international legislation and case law concerning the acquisition, authenticity, export, ownership, and copyright of art objects.