Porter v. Wertz
Porter v. Wertz, 23 U.C.C. Rep. Serv. 614 (N.Y. Sup. Ct. March 13, 1978), rev’d and vacated, 68 A.D.2d 141 (N.Y. App. Div. 1979), aff’d, 421 N.E.2d 500 (N.Y. Ct. App. 1981).
Samuel Porter entrusted a painting by Maurice Utrillo to Harold Von Maker, who was using the name Peter Wertz. Holding himself out again to be Peter Wertz, an art merchant, Von Maker then surreptitiously sold the work to the Richard Feigen Gallery. Porter discovered Von Maker’s identity, but before the authorities could intervene, Von Maker disappeared and the painting was sold by the gallery to a collector, who resold it to a collector in Venezuela. Porter brought suit . . . .