Mc Avoy v. Medina Brief- Piper PDF

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McAvoy (p) v. Medina (d) Supreme Judicial Court of Massachusetts 1866 p.135 Facts Medina was a barber, and McAvoy was a customer. While in the barber shop, McAvoy found a pocketbook laying on a table. The wallet was alleged to come from a transient customer of Medina. Medina then took the pocketbook and counted the money inside of it. McAvoy told Medina to keep the pocketbook and instructed Medina to advertise the missing wallet to which Medina promised to do. McAvoy then made three demands for the return of the money. The owner was never found. Cause of Action McAvoy sued Medina in tort law Remedy Money damages Decision TC ruled for defendant. Plaintiff appealed on exception:  Voluntary placement  Accidental leaving Issue Whether McAvoy is entitled to the funds within the wallet if he is the one who found it within Medina’s barber shop, and the wallet left was voluntarily left upon a table there, and accidentally left? Whether McAvoy is granted title to the lost wallet if the wallet was voluntarily placed and accidentally left within the barber shop? Rule No. The finder of a misplaced good on another’s property does not obtain title to the goods. Holding Since the finder of a misplaced good on another’s property does not obtain title to the goods, McAvoy finding the pocketbook at Medina’s barber shop does not grant McAvoy with title to it. This is because the defendant (Medina) then has a duty of reasonable care for safekeeping until the owner calls upon it. Notes:  Shopkeeper ought to be preferred to the customer, as it would be more likely that the article would get back to the real owner  Mislaid, lost, and abandoned property: o A finder of property acquires no rights in mislaid property, is entitled to possession of lost property against everyone except the true owner, and is entitled to keep the abandoned property.

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 Hurts true owners, when main goal is to protect true owners Employees and other agents: o A duty to deliver mislaid property to boss – principle agent for chambermaid in a hotel room o Ship steward: money found on floor of men’s bathroom – won for steward for abandoned property Finds by police officers: o Money on highway found by Hoels (family), sheriff took possession, owner never found, sheriff sought action seeking permission to keep for a training fund, arguing Hoels never took possession of it, but they were the first to it, taking charge of it being sufficient Treasure Trove: o...