I've just returned from vacation to read the good news.
Congratulations Mark. Perhaps living in NY has made me cynical. I would have bet against there return.
Final word as it relates to our mysterious lawyer located somewhere in the world. You really should read the facts and law and not make assumptions before giving wrong or irrelevant legal advice. Your first post of 7/16/07 mistakenly talks about stolen property. Mark NEVER stated the seats were stolen, but in fact admitted that he dropped them off at the upholsterer, a MERCHANT. Based upon the UCC, Mr. Ferrari has ENTRUSTED his seats to a MERCHANT. Your advice about stolen property, or "chattel" really is irrelevant. My advice concerning the UCC is likewise irrelevant IF Australia does not have a similar provision. I stated the UCC as a reference for Mark as another possible avenue to pursue.
You now assert that "With regard to Section 2-403 subsection 2, the entrusting clause does not cause good title to pass because the upholsterer does not deal in those goods - why? Because an upholsterer upholsters, he/she isn't retailing/selling seats for sale as a matter of course."
Really?? I guess you know alot more about McBride than the rest of us. It really is never a good course for an attorney to assume things. Tends to cause problems for their clients. My two cents is that McBride would be held accountable as a merchant dealing in those goods.
You claim that the term "deals in", is a precise term, yet you fail to provide a definition of same. I searched the definition section of the UCC, section 2-103 and was unable to find a definition of "deals in". I would think that if "deals in" was such a precise legal term, that it would appear in section 2-103. Perhaps you can share with me offline.
"No ill will intended Mr. Gregg, simply pointing out that a) you're mistaken on this point, and b) legal training isn't just a matter of simply downloading text off the web. "
As far as legal training is concerned, please do not mistake intelligence with graduating from law school. There are plenty of incompetent attorneys, just like there are incompetent people in all fields.
The above are the facts as stated by Mr. Ferrari and the law here in the US.
Spotting the real issue of any matter is what helps one excel in their chosen field.
I have no ill will towards you or anyone else on this forum. My life is very full and rewarding, whether I participate on the forum or not. I am however, not a fan of what I would consider wrong advice.
Mark, congrats again on the return of your seats.