Question

1. Decide each of the following problems.

a. A chimney sweep found a jewel and took it to a goldsmith, whose apprentice removed the stone and refused to return it. The chimney sweep sues the goldsmith.

b. One of several boys walking along a railroad track found an old stocking. All started playing with it until it burst in the hands of its discoverer, revealing several hundred dollars. The original discoverer claims all of the money; the other boys claim it should be divided equally.

c. A traveling salesperson leaving a store notices a parcel of bank notes on the floor. He picks them up and gives them to the owner of the store to keep for the true owner. After three years, they have not been reclaimed, and the salesperson sues the storekeeper.

d. Frank is hired to clean the swimming pool at the country club. He finds a diamond ring on the bottom of the pool. The true owner cannot be found. The country club sues Frank for possession of the ring.

e. A customer found a pocketbook lying on a barber’s table. He gave it to the barber to hold for the true owner, who failed to appear. The customer sues the barber.

Answer will be following format:-

A: answer the question asked

I: Issue: identify the legal issue presented in the problem

LC: State the legal concept involved in the legal issue. Include the elements of the legal concept

D: Short discussion to support the answer with combining the elements of the legal concept with the operative facts in the problem.

Answer 1

Solution:-

a. A chimney sweep found a jewel and took it to a goldsmith, whose apprentice removed the stone and refused to return it. The chimney sweep sues the goldsmith:-

For the chimney sweep. Although he was not the owner, he has title against all but the true owner.

b. One of several boys walking along a railroad track found an old stocking. All started playing with it until it burst in the hands of its discoverer, revealing several hundred dollars. The original discoverer claims all of the money; the other boys claim it should be divided equally:-

Divide it equally. There was no intent to control the contents of the stocking until it burst open in joint play.

c. A traveling salesperson leaving a store notices a parcel of bank notes on the floor. He picks them up and gives them to the owner of the store to keep for the true owner. After three years, they have not been reclaimed, and the salesperson sues the storekeeper:-

For the salesman. The finder is the owner against all the world except the true owner. The storekeeper never obtained possession. The finding was in a public place.

d. Frank is hired to clean the swimming pool at the country club. He finds a diamond ring on the bottom of the pool. The true owner cannot be found. The country club sues Frank for possession of the ring:-

Frank wins. The finding was in a semi-public place and the club never gained exclusive possession of the ring.

e. A customer found a pocketbook lying on a barber's table. He gave it to the barber to hold for the true owner, who failed to appear. The customer sues the barber:-

For the barber. This is not lost property but merely mislaid and the true owner will have a better chance to recover if the decision is for the barber.

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