Tuesday, October 25, 2011

Clark v. Maloney case brief

Clark v. Maloney
-Action of trover to recover the value of 10 white pine logs. 
-The Logs were initially found by the plaintiff floating in Delaware bay, were then taken, moored with ropes at the mouth of a creek. 
-Afterwards they were in possession of the defendant, who refused to give them up, alleging they had found them adrift and floating up the creek.
The Plaintiff must show:
1. First, the logs were his property, and
2. They were converted by the defendant for their own use.

Plaintiff relies upon the fact of his possession of the logs.

-Possession is the prima facie evidence of property. 
-It may be rebutted by evidence of better title, but in the absence of better title it is as effective a support of title as the most conclusive evidence could be.

-The finder of a chattel, though he does not acquire an absolute property in it, yet has such a property, as will enable him to keep it against all but the rightful owner.
-Loss of a chattel does not change the right of property.

-Plaintiff has a “special property” in these logs | he never abandoned the “special property” | it enabled him to keep them against all the world except the rightful owner.

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