Tuesday, October 25, 2011

Clark v. Maloney case brief


Clark v. Maloney
 
FACTS
-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.
 
RULES
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.


APPLICATION
-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.


CONCLUSION
-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.

Support us by: 

Checking out our amazing store on Etsy: http://www.bohobuttons.com

While in law school I traveled the world.  Puerto Rico.  Egypt.  Israel.  The Netherlands.  All over the United States.  Costa Rica.  Panama... How, you ask?  I found ways to make money on the side.  One of those ways was hosting my apartment on AirBnB.  If you have an extra room, this is a perfect way to make some extra cash.


Since law school, I have traveled to dozens of countries for pleasure with my family.  It's not rocket science.  You just need to know how to start some side hustles.  Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood.  Join now and get a free stock through this link:  Join Robinhood and Get a Free Stock!

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...