p.

175
Case: Armory v. Delamirie
Date: 1722
Court: Kings Bench
Parties:
Plaintiff: Armory
Defendant: Delamirie
Issue:
Can the plaintiff have a cause of action for trover (common law action to recover the
value of personal property that has been wrongfully disposed of by another person) from
the master?
Facts:
Plaintiff (chimney sweep) found a jewel
Took it to gold smith to determine the value
The goldsmith took out the stones of the jewel
Master offered to buy the jewel from the plaintiff
Plaintiff said no
Goldsmith gives back jewel with no stones in it
Holding:
The finder owned the jewel, not a later possessor
Reasoning:
1. Finder of jewel has the property right as will enable him to keep it against all except the
rightful owner, and consequently may maintain trover
2. The action will lay against the master, who is answerable for his neglect
3. If the stones are not presented to the court, the jury is to assume that the jewels are of the
finest water, they should assume the strongest against him and make the value of the best
jewels the measure of their damages
o Which they did
Rule:
Finders
o Lost property: property is lost when the owner unintentionally and involuntary
parts with it