Lindt v. Henshel

Chief Judge Fuld.

The plaintiff, claiming to be its owner, brought this action to recover possession of a sculpture which, shortly after her husband’s death, had been delivered to the Guggenheim Museum by his executrices. Judgment has gone against the plaintiff and, on this appeal, here by our leave, the question to be decided is whether a husband’s later payment for an oí jet d’art purchased by his wife is, without more, sufficient to vest title in the husband.

On December 7, 1955, Parke-Bernet Galleries held an auction and among the works advertised for sale was a marble head by Constantin…