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Great American Insurance Co. v. Nextday Network Hardware Corp.

United States District Court for the District of Maryland

73 F. Supp. 3d 636 (2014)

Relevant factsFree

Vectren employee Crowe stole over $900,000 in company equipment and sold it on eBay to Nextday (defendant), which resold some of it even after police informed Nextday the equipment was stolen; Vectren's insurer, Great American (plaintiff), paid Vectren's claim and sued Nextday for conversion. Nextday moved to dismiss, arguing the UCC's entrustment doctrine, protecting good-faith buyers in the ordinary course of business, shielded its purchases from Crowe.

IssueFree

Whether, under the entrustment doctrine in UCC Section 2-403(2), a merchant not authorized to sell goods can pass valid title to a good-faith purchaser only if the true owner voluntarily transferred or entrusted the goods to the merchant.

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