Property Law Keyed to Dukeminier
McAvoy v. Medina
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Plaintiff was a customer at Defendant’s barber shop and found a pocket-book on the counter which he left with Defendant so that Defendant could attempt to discover the rightful owner. When the rightful owner was not found, Plaintiff demanded the pocket-book which Defendant refused to give back. Plaintiff left the pocket-book with Defendant for Defendant to find the rightful owner and to advertise so that the owner might be found. Plaintiff made three demands for return of the pocket-book from Defendant, who denied that he possessed the pocket-book until the last. The parties agreed that the pocket-book was placed on the counter by a customer of Defendant’s barber shop and was accidentally left there, that Plaintiff fist saw the pocket-book and picked it up, and that the rightful owner was not found. Plaintiff sued for the return of the money found in the pocket-book. The lower court ruled for Defendant and Plaintiff appealed.
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