Pawn Shop Euph

Sell and Buy equipment via Ebay and Craigslist
Forum rules
This is for posting links to off site deals that you are not personally selling,but wanting to pass along good deals
pgym
4 valves
4 valves
Posts: 769
Joined: Sun Feb 22, 2009 11:30 pm

Re: Pawn Shop Euph

Post by pgym »

By this point, if the rightful owner—which, assuming the horn was insured and the insurance company has paid out the claim (thereby making the insurance company the rightful owner) may not be the person from whom it was stolen—has not filed a claim for return the instrument AND the rightful owner declines to press charges against the pawnor [NB: the pawnor, not the pawn shop]—the testimony of the rightful owner being necessary to establish that the pawnor did not possess clear title to the horn and could not therefore legally offer it as collateral in a pawn—ownership and clear title will almost certainly have passed to the last possessor of record, which in this case would be the pawn shop.

Alternatively, if the rightful owner HAS filed a claim and criminal charges have been filed against the pawnor [NB: the pawnor, not the pawn shop], the instrument is considered material evidence and will remain in the court's possession until the final disposition of the case, at which time it will be released to the rightful owner.

Pgym ... who, in light of the apparent indifference on the part of the individual from whom the horn was stolen when apprised of its whereabouts, considers it extremely probable that the instrument was insured and that the individual, having likely purchased a new horn with the proceeds of the insurance settlement, has neither the desire nor the interest to reclaim said instrument since he would almost certainly be required to buy back the instrument from the insurance company for the full amount of the settlement payment.
____________________

Don't take legal advice from a lawyer on the Internet. I'm a lawyer but I'm not your lawyer.
Post Reply