Ganter v. Kapiloff

69 Md. App. 97, 516 A.2d 611 (1986)

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Ganter v. Kapiloff

Court of Special Appeals of Maryland
69 Md. App. 97, 516 A.2d 611 (1986)

SR
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Facts

In 1976, brothers Leonard and Bernard Kapiloff (plaintiffs) purchased a valuable stamp collection for $150,400. Unknown to the brothers, the collection was inadvertently transferred to Robert L. Ganter (defendant) between 1979 and 1980, when Ganter found the collection in a dresser he purchased from a used furniture store. In 1982, Ganter took the collection to J. & H. Stolow (defendant), a stamp dealer, for appraisal and sale. On February 1, 1983, Bernard Kapiloff saw an advertisement listing the collection for sale. The Kapiloffs contacted Ganter and demanded the return of the collection. Ganter refused. The Kapiloffs brought a suit of replevin against Ganter and J. & H. Stolow in the District Court of Maryland for Baltimore City. Ganter later removed the case to the Circuit Court for Baltimore City, where the Kapiloffs sought a declaratory judgment announcing the Kapiloffs as the true owners of the collection. The circuit court found that the Kapiloffs were the true owners and granted the Kapiloffs’ motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Gilbert, J.)

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