Armory v. Delamire
King’s
Bench, 1722.
1
Strange 525.
Johnson,
p. 30
Facts: The plaintiff found a jewel
and took it to the defendant’s goldsmith shop.
The defendant pretended to weigh it, but stole the stones and told the plaintiff
it was worth three halfpence. The defendant
offered the plaintiff the money, but the plaintiff declined and asked for the
jewel back. The plaintiff only got back
the socket but not the stones. The plaintiff
sued in trover.
Issue: What rights does a finder
of property have?
Rule: The finder has a better
title to the property he found than everyone except the rightful owner.
Analysis: The plaintiff gets the maximum
possible value of the jewel unless the defendant produces it.
Conclusion: The jury awarded that much!