Schwartz v. Cincinnati Museum Ass'n

35 F. App'x 128
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 12, 2002
DocketNos. 00-3494, 00-3495, 00-3496
StatusPublished
Cited by4 cases

This text of 35 F. App'x 128 (Schwartz v. Cincinnati Museum Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schwartz v. Cincinnati Museum Ass'n, 35 F. App'x 128 (6th Cir. 2002).

Opinion

PER CURIAM.

Howard M. Schwartz appeals summary judgment ordered for Cincinnati Museum Association and Butler Museum of American Art in a consolidated action seeking to recover paintings from the Museums. The district court found the action barred by Ohio’s statute of limitations. O.R.C. § 2305.09. For the following reasons, we AFFIRM the district court’s decision to grant summary judgment.

[129]*129i.

This case involves three oil paintings by American Impressionist Theodore Robinson. Theodore painted several paintings in the late 1800s, and is considered one of the great American Impressionists. The three paintings at issue are “Road by the Mill,” “The Girl with the Dog,” and ‘Watching the Cows.”

In 1896, Theodore died, and a court appointed his brother, Hamline Robinson, to administer his estate. On March 24, 1898, Hamline sold a number of Theodore’s paintings at a public auction in New York called an “Administrator’s Public Sale.” None of the paintings at issue were sold as part of that auction. There is no record of whether Hamline made any private sales, and there is no documentation regarding Hamline’s administration of his brother’s estate.

Cincinnati Museum currently possesses “Road by the Mill” and “The Girl with the Dog,” and Butler possesses ‘Watching the Cows.” The history of how the Museums came to possess the paintings is detañed below.

“Road by the Mill” and “Watching the Cows”

In 1896, Theodore loaned twenty-seven paintings, including “Road by the Mül” and ‘Watching the Cows” to the Central Art Association for an exhibition tour. He died later that year.

While Hamline was administering Theodore’s estate, James Wüliam Pattison, an agent for Central Art, sold “Road by the Mül” to the director of Cincinnati Museum, Alfred T. Goshorn, for $100.00. Pattison sold ‘Watching the Cows” to Charles H. Ault for $75.00.

When the tour was over, Central Art returned twenty-five of the twenty-seven paintings that were on the tour to Ham-line. Pattison wrote Hamline a note explaining that he had sold two of the paintings. The note did not specify which paintings he sold, however, attached to the note was a Central Art catalogue which listed “Road by the Miü” and ‘Watching the Cows,” as paintings exhibited in its 1897 tour.

Cincinnati Museum acquired “Road by the Mül” as a bequest from Goshorn in 1931, and has regularly displayed “Road by the Mül” since that time.

Ault sold ‘Watching the Cows” to an art gaüery in New York. In 1961, Butler purchased ‘Watching the Cows” from the gallery. Except for short loans to other museums, since 1961, Butler has continually displayed “Watching the Cows.”

“The Girl with the Dog”

According to Schwartz, Theodore exhibited “The Girl with the Dog” in 1883 under the title “Canine Patient.” Schwartz añeges that it became part of the Robinson estate after the artist’s death in 1896. Schwartz claims the painting was wrongfully converted or stolen from the estate and ended up in Edwin Ford’s possession, a man who worked with Theodore on decorative commissions in the 1880s. There is no record of the painting’s sale.

Schwartz claims that a letter written by Ford in 1918 evidences the paintings’ conversion. In the letter, Ford explains that the painting came directly from Theodore’s easel. According to Schwartz, Ford’s letter misidentified the subjects of the painting which, Schwartz alleges, undermines Ford’s claim that the paintings came directly from Theodore. Schwartz also maintains that Theodore’s diary only contains one entry about Ford. He submits this as evidence that Ford and Theodore must not have been close friends, which he contends further undermines Ford’s claim [130]*130that the painting came directly from the artist. However, only a few pages from the diary are in the record.

In 1971, A.M. Adler gave Cincinnati Museum “The Girl with the Dog” as a gift, and the Museum has regularly displayed the painting since that time. Schwartz asserts that Adler knew that the previous title had been “Canine Patient,” and did not disclose this information, or any other information about the history of the painting, to Cincinnati Museum. Schwartz claims that Adler concealed this information to disguise that it had been converted or stolen. Schwartz also contends that Cincinnati Museum did not try to discover the history of the painting, though, he contends, it had reason to suspect a flaw in the title because of the change in the name. Based on these facts and allegations, Schwartz claims that Cincinnati Museum lacks legal title to the painting.

Procedural History

In 1996, one of the artist’s descendants, Thomas R. Hutchinson, filed three actions on the basis of diversity jurisdiction. 28 U.S.C. § 1332(a)(1). Hutchinson is a citizen of Washington. Cincinnati Museum and Butler are organized under the laws of Ohio, the state of their principal place of business. The amount in controversy in all three actions exceeds $75,000.00. Other descendants joined in an Amended Complaint. Now, Schwartz, the ancillary administrator, is the sole plaintiff.

On September 14, 1998, the Museums moved for summary judgment. In the motion, the Museums asserted that they were entitled to judgment as a matter of law because the Ohio statute of limitations bars the claims in Schwartz’s three complaints.

On September 15, Schwartz filed cross-motions for summary judgment, arguing that he is entitled to summary judgment on the statute of limitations defense raised by the Museums. In addition, he argued that he is entitled to summary judgment on the merits of his claims regarding the paintings “Road by the Mill” and “Watching the Cows,” and is therefore entitled to immediate possession of those paintings.

After a hearing on the parties’ motions, the district court granted the Museums’ motion for summary judgment. Schwartz moved the court to vacate and amend the judgments entered on April 16, 1999 pursuant to Federal Rule of Civil Procedure 59(e). His Motion to Vacate and Amend was denied. Schwartz timely appealed to this Court.

This court has jurisdiction over the consolidated appeal, pursuant to 28 U.S.C. § 1291, from the judgment entered April 16,1999.

II.

On an appeal from a motion for summary judgment, we review the district court’s opinion de novo, reviewing the evidence in the light most favorable to the non-moving party. Grand Rapids, Inc. v. Lakian, 188 F.3d 401, 405 (6th Cir.1999). We decide whether there exists a “genuine issue as to any material fact and [whether] the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). Schwartz must “set forth specific facts showing there is a genuine issue for trial.” Fed.R.Civ.P. 56(e).

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Bluebook (online)
35 F. App'x 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-cincinnati-museum-assn-ca6-2002.