University:
Morehouse College
Course:
HSOC 416 | Law and Society
Academic year:

2022
Views:

381

Pages:

1
Author:

iwanankgfd

McAvoy v. Medina Supreme Judicial Court of Massachusetts 11 Allen 548 (1866) Facts Plaintiff found wallet at defendant’s barber shop. Told defendant to keep and see if he could find rightful owner or advertise it. Eventually, plaintiff filed three claims to the money. Procedural History Judge ruled that plaintiff could not maintain action and verdict was returned for the defendant. Issue Presented Arguments Presented Rule Mislaid property- was voluntarily placed and accidentally left. Reasoning This is not lost property. Plaintiff was also a customer. Plaintiff did not acquire the right to take the wallet from the shop. The wallet should be held by defendant, as owner of the shop and he should take reasonable care of it until the true owner comes back. Holding Neither plaintiff nor defendant acquired right to title. Judgement Affirmed.