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Keywords

discoveryplea

defendantwill

Related Cases

Keron v. Cashman, 33 A. 1055

Facts

A group of five boys found an old stocking containing $775 while playing on a railroad embankment. The youngest boy, Crawford, picked up the stocking, but it was soon taken by Cashman, leading to a playful exchange among the boys. The stocking broke open during their play, revealing the money inside. The boys attempted to divide the money, but differing claims arose, prompting the custodian of the money to file a bill of interpleader to resolve the dispute.

The stocking contained $775 in bills, besides some rags, cloths, ribbons, etc. A division of the money among the boys was proposed, and partially carried out; but, being interrupted, the boys went home, and all of the money was on that evening given to the father of two of the boys, named Fox, who, on the next day, put it into the possession of the complainant, the chief of police of Elizabeth, to discover the owner.

Issue

The main legal issue is whether the money found in the stocking should be considered as legally found by one boy or as lost property to be divided among all the boys.

The several claims are set up by the answers to the bill, Crawford claiming all, and the other boys claiming an equal division.

Rule

The court applied the principle that for property to be considered legally found, there must be an intention or state of mind regarding the ownership or possession of the property.

All of the cases agree that some intention or state of mind with reference to the lost property is an essential element to constitute a legal 'finder' of such property.

Analysis

The court analyzed the circumstances under which the money was found, noting that the boys treated the stocking as a plaything rather than an item of value. The evidence suggested that the stocking was not retained for the purpose of examining its contents, and thus the money was not legally found until it was discovered during their play. Since all the boys were involved in the play and the discovery of the money, they were deemed to have common possession of the money.

Inasmuch as none of the boys treated the stocking when it was found as anything but a plaything or abandoned article, I am of the opinion that the money within the stocking must be treated as lost property, which was not 'found,' in a legal sense, until the stocking was broken open during the play.

Conclusion

The court concluded that the money must be divided equally among the boys, as they were all considered finders of the lost property.

A decree will therefore be advised dividing the money equally between the defendants.

Who won?

The prevailing party is the group of boys, as the court ruled that the money should be equally divided among them.

The money must be considered as being found by all of them in common.

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Pattelli v. Bell, 187 Misc.2d 275, 721 N.Y.S.2d 734, 2001 N.Y. Slip Op. 21098

Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct. 2886, 120 L.Ed.2d 798, 34 ERC 1897, 60 USLW 4842, 22 Envtl. L. Rep. 21,104