National Music Museum v. Moss, No. 17-2399 (8th Cir. 2018)
Annotate this CaseThis appeal stemmed from a dispute over who was the rightful owner of a Martin D-35 guitar that Elvis Presley played during his final tour in 1977. The Eighth Circuit affirmed the district court's judgment in favor of the Museum, holding that the Museum was not bound by a prior Tennessee judgment between defendant and the guitar donor because the Museum was not a party to that action and was not in privity with the donor. In this case, the donor had already delivered the guitar to the Museum at the time defendant commenced the Tennessee action. Therefore, the donor had title to the Martin D-35 guitar when he transferred the guitar to the Museum and the Museum owned the guitar.
Court Description: Wollman, Author, with Arnold and Kelly, Circuit Judges] Civil case - Contracts. The district court correctly determined that the Museum is the legal owner of a Martin D-35 guitar Elvis Presley played during his final tour in 1977; the district court correctly refused to give preclusive effect to a judgment in a Tennessee suit between defendant Moss and the donor of the guitar, as the Museum was not a party to that action and was not in privity with the donor because the donor had already delivered the guitar to the Museum at the time Moss commenced the Tennessee action; under Tennessee law, Moss never acquired title to the guitar because it was never delivered to him.
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