The real truth about Peter Nash

[Leon]

Originally Posted by Peter_Spaeth

So JC now has good title because the NYPL was not diligent enough in seeking to recover the card 20 years ago? Because if he doesn't have good title, it ain't his. And if it ain't his, it's still the NYPL's, and he should return it. But he can tell me to F off.

I am saying it is my belief, from what I have been told (and reiterated to on a phone call a minute ago) that the NYPL should possibly be held accountable for their gross negligence. I am not a lawyer but I believe a case of equitable estoppel could potentially be made, from reading what that is on Wiki . The NYPL was told what was going on and chose to ignore it.

If I take something from your house and you see me and let me go, can you come back to me 20 yrs later and say you want the item back and be successful?

[Peter_Spaeth]

First of all, JC did not try to justify his keeping the card on the basis of anything that happened 20 years ago. He talked about waiting out the owner, in post 21. "You hope one day they will dearchive or transfer title..." This is a new gloss you are adding.

In any case, in order to have an informed discussion about what happened 20 years ago and its legal effect if any (about which I am skeptical), I would want to know more than the conclusions you are offering. So please post what you know.

[Peter_Spaeth]

PS at a very high level, negligent conduct normally wouldn't give rise to equitable estoppel as I understand it, there has to be some sort of intentional conduct by the party inconsistent with its present claim. Also reliance by the other party is typically required which wouldn't seem to be the case here.

[Leon]

Originally Posted by Peter_Spaeth

PS at a very high level, negligent conduct normally wouldn't give rise to equitable estoppel as I understand it, there has to be some sort of intentional conduct by the party inconsistent with its present claim. Also reliance by the other party is typically required which wouldn't seem to be the case here.

Maybe this better defines it. "Estoppel by silence or acquiescence: Estoppel that prevents a person from asserting something when he had the right and opportunity to do so earlier, and such silence put another person at a disadvantage."


.

[Peter_Spaeth]

Nah, you need INTENT to disadvantage someone for that to apply. And you need a duty to have acted. Since we are in google soundbite land:

Estoppel by silence is also sometimes called estoppel by inaction, estoppel by standing or acquiescence. It is not just staying silent, but doing that with an intention to bring harm to someone.

[Leon]

Originally Posted by Peter_Spaeth

Nah, you need INTENT to disadvantage someone for that to apply. And you need a duty to have acted.

So you are saying, You don't have a duty to act when told you are being stolen from? And then 20+ yrs later it is ok for you to act and disadvantage a third party? Please help me understand that.

OK, I see the intent to harm.....but it is beyond my GED education to argue further.

[Peter_Spaeth]

Originally Posted by Leon

So you are saying, You don't have a duty to act when told you are being stolen from? And then 20+ yrs later it is ok for you to act and disadvantage a third party? Please help me understand that.

I am saying I don't know enough about the facts of what happened 20 years ago to make a legal assessment, and for now, my presumption is that the NYPL is still the owner and is not estopped to claim ownership. You have stated conclusions. Post the facts, and we'll see where it goes.

[Jeffrompa]

My Dad bought tons of stuff from libraries that closed and sold to him and sold to others . Unless that item was reported specifically no way could they come back and ask for it .

[steve B]

Originally Posted by Leon

If I take something from your house and you see me and let me go, can you come back to me 20 yrs later and say you want the item back and be successful?

That's exactly what's being done with some antiquities often much more than 20 years after the fact.

Steve B

[ALR-bishop]

Egypt and a few other countries I have visited of would love to get some stuff back