O'KEEFFE v. Snyder

416 A.2d 862 · 1980

Facts

Georgia O'Keeffe painted three pictures, 'Cliffs,' 'Seaweed,' and 'Fragments.' In March 1946, O'Keeffe alleged that 'Cliffs' was stolen from an exhibit at An American Place, a gallery operated by her late husband, Alfred Stieglitz. About two weeks later, she noticed 'Seaweed' and 'Fragments' were missing from a storage room at the same gallery. O'Keeffe did not report the thefts to police or advertise the loss, but discussed it with associates. Ulrich A. Frank claimed his father, Dr. Frank, possessed the paintings as early as 1941-1943, before the alleged theft, and that he received them as a gift in 1965. In 1975, Frank sold the paintings to Barry Snyder, d/b/a Princeton Gallery of Fine Art. O'Keeffe learned of the paintings' location in 1976 and demanded their return, which Snyder refused.

Issue

When does the six-year statute of limitations for replevin of stolen chattels begin to run, and should the discovery rule apply to such actions, rather than the doctrine of adverse possession?

Holding

The court reversed the Appellate Division's judgment for O'Keeffe and remanded the matter for a plenary hearing, ruling that the discovery rule applies to actions for replevin of chattels, and that the statute of limitations begins when the owner knows or reasonably should know of the cause of action and the identity of the possessor.

Rule

The discovery rule applies to actions for replevin of chattels, meaning the statute of limitations begins to run when the owner first knows, or reasonably should have known through the exercise of due diligence, of the cause of action, including the identity of the possessor. This rule replaces the doctrine of adverse possession for chattels, which is deemed unsuitable due to the nature of personal property. The expiration of the statute of limitations under the discovery rule vests title in the possessor, and tacking of successive possessions is permitted.

Read the full opinion on CourtListener

Case brief last reviewed . Prepared by CaseReader from the published opinion.