Ganter v. Kapiloff

516 A.2d 611 (1986)

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Nature of the Case

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Facts

Ps are philatelists. They purchased two sets of stamps from Robert A. Siegel, Inc., a New York corporation dealing in postage stamps. As far as Ps knew, those stamps remained in their possession until February 1, 1983. P saw an advertisement, in a nationally circulated catalog, offering the stamps for sale. He contacted D and demanded return of the stamps. The demand was refused. P notified the Federal Bureau of Investigation, and that agency took physical possession of the stamps. D acquired the stamps by finding them in a dresser he had purchased for thirty dollars in a used furniture store. The purchase was made, according to D, in 'the spring or summer of 1979 or 1980.' In 1982, D took the stamps to the Stolow Auction House and was told that they were 'a rather sensational find.' D refused Ps' demand that he return the stamps. P sued D for replevin and declaratory relief. The judge entered summary judgment in favor of Ps on both counts. D appealed.