McAvoy v. Medina – Case Brief
McAvoy v. Medina, 93 Mass. (11 Allen) 548, 87 Am.Dec. 733 (1866).
Case Summary
Facts: McAvoy (P) saw and took a pocketbook lying on a table in Medina’s (D) barbershop. He gave it to Medina to hold for the true owner but the true owner was never found. McAvoy demanded the pocketbook from Medina, who refused, asserting ownership of the pocketbook. P sued, the court entered judgment in favor of D, and P appealed.
Issues: 1) Is property left accidentally in a shop lost or mislaid property? 2) Who has rights in the property, the finder or the owner?
Holding and Rule: 1) Property left accidentally in a shop is mislaid property. 2) The owner of the shop has rights in the property.
This pocketbook was not lost, in which case the finder would have a valid claim to hold the it until called for by the true owner. Mislaid goods are those which are placed voluntarily by the owner and forgotten. The lost purse in this case was voluntarily placed on the counter by the true owner and left there accidentally and is therefore mislaid property. Mislaid property creates a bailment that the shop owner holds for the true owner and the finder acquires no rights in the property.
Disposition: Affirmed.