Legal Opinion
David Rogath, Plaintiff-Appellant-Cross-Appellee. v. Werner E.R. Siebenmann, Defendant-Appellee-Cross-Appellant
Court of Appeals for the Second Circuit
Decided November 10, 1997No. 76, 543, Dockets 96-9300,96-9481PublishedCited by 40 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
BACKGROUND
This case revolves around a painting, entitled “Self Portrait,” supposedly painted in 1972 by a well-known English artist, Francis Bacon.
In July 1993, defendant Werner Siebenmann sold the Painting to plaintiff David Rogath for $570,000. In the Bill of Sale, Siebenmann described the provenance of the Painting and warranted that he was the sole owner of the Painting, that it was authentic, and that he was not aware of any challenge to its authenticity.
Problems arose three months later when Rogath sold the Painting to Acquavella Contemporary Art, Inc., in New…
2Cases cited17 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- A.R. Peter Lafond v. General Physics Services CorporationCourt of Appeals for the Second Circuit · 1995
- CBS Inc. v. Ziff-Davis Publishing Co.New York Court of Appeals · 1990
- Frank A. Galli, Una G. Galli, John D. Yeager, Elizabeth M. Yeager v. James T. Metz, Jr., Kathleen M. MetzCourt of Appeals for the Second Circuit · 1992
- The Union Insurance Society of Canton, Ltd. v. William Gluckin & Co., Inc.Court of Appeals for the Second Circuit · 1965
12 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Merrill Lynch & Co. Inc. v. Allegheny Energy, Inc.Court of Appeals for the Second Circuit · 2007
- Goldemberg v. Johnson & Johnson Consumer Companies, Inc.District Court, S.D. New York · 2014
- In Re IBP, Inc., Shareholders LitigationCourt of Chancery of Delaware · 2001
- In re Conagra Foods, Inc.District Court, C.D. California · 2015
- Bank of America Corp. v. LemgruberDistrict Court, S.D. New York · 2005
35 more not listed; retrieve them via the Exa API.