Matter of Friedman

Arnold Friedman was an American painter who struggled financially when he was alive. Arnold’s artwork did not become valuable until decades after his death. When Arnold died in 1946, he left all of his paintings to his wife, Renee. In 1963 Renee, needing money, entered into an agreement with Charles Egan (defendant), an art dealer, under which Renee agreed to give Egan all of Arnold’s paintings. In exchange, Egan agreed to exhibit and sell Arnold’s paintings, giving Renee half of all proceeds. The contract was written by Egan’s attorney, and Renee could not afford an attorney to represent her in negotiations. In the 13 years after the agreement was made, Egan sold one painting and held one exhibition. Elizabeth Bacque (plaintiff), the Friedmans’ daughter, attempted to persuade Egan to make more of an effort to sell Arnold’s paintings. When Egan received Bacque’s messages, he told her that she could take the paintings and try to sell them herself. In 1976 Renee died, and Bacque became the administrator of her estate. Bacque asked Egan to return Arnold’s paintings to the estate. When Egan refused, Bacque brought a lawsuit against Egan in New York Surrogate’s Court, the state court that heard cases involving wills and the administration of estates, demanding the return of Arnold’s paintings. Bacque argued that Egan was given temporary custody of the paintings through a consignment arrangement with Renee. Egan asserted that Renee had sold him the paintings through the 1963 agreement. The surrogate held that the contract between Egan and Renee was a consignment arrangement that ended when Renee died and ordered Egan to return the paintings to Bacque. Egan appealed.