Armory v Delamire

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Shared by: mrdildine
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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. Sued in trover is a common law action for money damages resulting from the defendant’s conversion to his own use of a chattel owned or possessed by the (P) Analysis: The plaintiff gets the maximum possible value of the jewel unless the defendant produces it. Conclusion: The jury awarded that much!

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