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Oct 17, 2019 - 6:57:54 AM

jrimes

USA

36 posts since 4/28/2010

Hey Folks, check this law case article out regarding an old Gibson RB6. I might not agree with everything presented, but it was very interesting.

tba.org/journal/dueling-over-a-banjo

Best,
Josh

Oct 17, 2019 - 7:12:02 AM

JohnTN

USA

118 posts since 8/8/2012

Definitely an interesting read.  This was discussed recently in another thread.

https://www.banjohangout.org/topic/355878

Oct 17, 2019 - 7:39:39 AM

25 posts since 10/13/2019

Wow! That is interesting.

Oct 17, 2019 - 8:32:43 AM

Bill Rogers (Moderator)

USA

22432 posts since 6/25/2005

But it seems that the purchaser of potentially converted property—I.e. the banjo (in this case) has no duty to assure the received property is legitimately owned by the seller. Hmm.

Oct 17, 2019 - 9:22:05 AM

jrimes

USA

36 posts since 4/28/2010

I know....pretty wild right! Makes you wonder any time you buy something, is someone going to come in later and be able to take it away?!

Oct 17, 2019 - 9:26:36 AM
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Blackjaxe47

Canada

1449 posts since 6/20/2014

Was the stage hand ever investigated, from what I read he was somehow involved in the theft and then sold it to the 2nd stage hand. Wonder how many times he did that and got away with it.

Oct 17, 2019 - 10:08:31 AM

ClawJam

USA

167 posts since 12/21/2012

Interesting read from a legal point of view, but I'm with Blackjaxe47 , give us some juicy deets.....including Where is the Banjo now? Can she sue for Emotional Trauma? (i dang sure would) Surely there's an aspiring young Kens Burns type on the Hangout who can do a "Days of our Banjo Lives" type docudrama out of this story.

Oct 17, 2019 - 10:35:46 AM
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1809 posts since 10/17/2013

I’m certain if I came into possession of a stolen instrument (heaven forbid), that I would give it back to said original owner as soon as I found him/her. I wouldn’t think for one second of going to court. It wouldn’t be my banjo, and nothing short of the original owner agreeing to give it to me, would make it “mine” in the slightest. Mr. Orban kept the instrument, but he didn’t truly own it, if you get my drift.

Buying a stolen instrument with the full knowledge of knowing that it was stolen, is just as bad as stealing it yourself; you’re saying if it’s okay to steal the instrument, it’s okay to buy it from the thief; and basically you’re okay with stealing as a way to acquire something.

I would have never bought that banjo from the stage hand as Mr. Orban did. But in this case, it  “worked out” for both parties.

I’m guessing Mrs. Terpening got the banjo back?

Edited by - bluegrassbanjopicker on 10/17/2019 10:39:27

Oct 17, 2019 - 10:51:10 AM
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ClawJam

USA

167 posts since 12/21/2012

bluegrassbanjopicker I would like to believe that I would return it as well.....however, Mr. Orban did shell out $16,000....with absolutely no prior knowledge of it being stolen or any reason to suspect that it was stolen......this is a tough one......good Scruples question.

Oct 17, 2019 - 11:08:26 AM

52578 posts since 12/14/2005

Gee whiz!

MAYBE all USED banjo sales over $200 should be required to have a written contract with some legalese saying that
"... IF this instrument turns out to have been stolen, no matter HOW long ago, the SELLER will refund 150% of the purchase price to the Buyer.."
or sumpn' like that.

Oct 17, 2019 - 11:24:16 AM

1809 posts since 10/17/2013

quote:
Originally posted by ClawJam

bluegrassbanjopicker I would like to believe that I would return it as well.....however, Mr. Orban did shell out $16,000....with absolutely no prior knowledge of it being stolen or any reason to suspect that it was stolen......this is a tough one......good Scruples question.


That $16000 would be fine by me if I was Mrs. Terpening, though it would probably not cover the cost of that RB6 if it were to sell today. 

Oct 17, 2019 - 11:26:51 AM
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144 posts since 9/26/2018

Pretty fascinating. I’m a government lawyer so I’ll email counsel for Mr. Orban, lawyer to lawyer, to ask if he can disclose whatever happened to the banjo.

There have been many legal battles over issues like this one. They are tricky for the courts to untangle. Google the story over Barry Bonds’ homerun ball if interested. (I think it was homerun #62 ball from one season, but I haven’t read the case in a while).

Oct 17, 2019 - 12:02:21 PM

jrimes

USA

36 posts since 4/28/2010

That's another aspect of this situation I wanted to know about...did the original owner have the banjo insured? If so, did she take the money for her loss and then 30 years later claim the banjo too? And does the second owner lose every dime for unknowingly buying a stolen instrument? I don't want to take sides, I just need more details!

Oct 17, 2019 - 1:12:49 PM
Players Union Member

corcoran

Canada

358 posts since 8/3/2004

Since this is banjohangout, let’s consider the banjo itself. Is it an original 5-string model 6? I doubt it; probably it has a repro neck. Is it an original flathead? If so, it’s a light weight tone ring and, given the checkerboard binding on the neck, probably a low-profile flathead ring. High-profile flathead rings on the model 6 are typically associated with gold-sparkle binding on the resonator and neck.

Oct 18, 2019 - 5:53:31 AM

bigleaf

USA

6 posts since 5/5/2019

This is such an interesting case to me. Charlie Cushman set up my first banjo for me earlier this year. I printed the Tennessee Bar Journal for several years. I’m traveling right now with past, current, and (probably) future TBA presidents. And the quoted Donald F. Paine was my client and friend from 1987 until his death three years ago.

I wonder if a really, really nice banjo is in my future, too...

Oct 18, 2019 - 8:47:40 AM
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144 posts since 9/26/2018

The lawyer responded to my inquiry! He reports that the banjo ultimately went back to the original owner.

Oct 18, 2019 - 9:35:06 AM

jrimes

USA

36 posts since 4/28/2010

Wow... what a story!

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