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       #Post#: 14--------------------------------------------------
       Armory v. Delamirie
       By: kangaroo Date: January 26, 2011, 6:10 pm
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       FACTS:  The plaintiff was a chimney sweep who found a jewel and
       took it to the defendant’s shop to find out what it was.  The
       defendant’s apprentice weighed and took out the stones.  He then
       called to the defendant to let him know that it came to three
       halfpence.  The defendant offered the plaintiff money but the
       plaintiff refused stating that he wanted the property back.  The
       apprentice gave the socket back to the plaintiff without the
       stones.
       2 Facts about AmoryHis name was either John or Joseph
       and he was a chimney sweep
       ISSUE: What was the stone worth? (see point #3)
       3 Points of Law:
       (1)  The finder of personal property does not have any
       absolute ownership right but has one that is good against the
       world except for the true owner
       (2)  The master is liable for the torts committed by his or
       her servant if they are done in the time of employment
       (3)  The fact of loss must be shown by the plaintiff…the
       amount of the loss is usually something that had to be pled and
       proved by the plaintiff…plaintiff has to prove it with
       reasonable certainty…where a plaintiff cannot prove the amount
       of loss with certainty, the burden of proof goes onto the
       defendant…highest quality possible is put on it and defendant
       must reduce it with proof as much as possible.
       True OwnerHas PARAMOUNT title
       Finder POSSESSORY title
       Apprentice NO TITLE
       True Owner has some kind of property relationship with the
       finder:  BAILMENT
       -  DEF:  A bailment is the act of placing property in the
       custody and control of another, usually by agreement in which
       the holder (bailee) is responsible for the safekeeping and
       return of the property.
       BAILEEPERSON WHO HAS POSSESSION OF THE PROPERTY
       BAILOR PERSON WHO OWNS THE PROPERTY
       Single Recovery Rule: pg 97
       One fact that we don’t know but that we would like to about this
       case:  Where was the jewel found????
       Why did it take England soo long to make a finding law??
       -
       stolen it
       HOLDINGS:
       -
       from all but from the rightful owner, and consequently may
       maintain trover.
       -
       for, and is answerable for his neglect.
       -
       be of the finest water, they should presume the strongest
       against him, and make the value of the best jewels the measure
       of their damages.
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