Kunstsammlungen zu Weimar v. Elicofon

The Kunstsammlungen museum (plaintiff) in Germany owned two Albrecht Duerer portraits that its director transferred to a nearby castle for safekeeping during World War II. American troops stationed at the castle at Germany's 1945 surrender left that summer, and the paintings disappeared around the same time. Elicofon (defendant) later bought the portraits in New York from an American ex-serviceman, and after Elicofon publicly disclosed possessing them, the museum sued for their return, relying on uncontradicted testimony from its former director about the paintings' disappearance from the castle. The museum moved for summary judgment, arguing that testimony conclusively showed the paintings were stolen and that Elicofon therefore lacked good title as a purchaser from the thief or the thief's transferee; Elicofon cross-moved for summary judgment, disputing the theft facts and arguing alternatively that the ex-serviceman had acquired good title in Germany despite any theft.