Armory v. Delamirie
Property Law Case Brief
Subject: Ownership, Lost Property.
Case Overview:
Armory (Plaintiff) sued to recover a jewel that Delamirie (Defendant) had taken.
Case Facts:
-Armory found a jewel and carried it to Delamirie’s shop for the purpose of identifying it.
-Delamirie’s assistant took the jewel and offered him three halfpence for it.
-Thinking the price to low, Armory asked for the jewel to be returned, whereupon the assistant gave him only the empty socket in which the jewel had been set.
Issue:
Should a person in Armory’s position be allowed to recover the jewel?
Holding:
A person in Armory’s position should be allowed to recover the jewel.
Analysis:
Although the finder of a jewel does not acquire absolute ownership of that jewel, he holds title superior to that of all but the rightful owner. Armory is therefore entitled to recover for the value of the finest jewel that would fit into the socket unless Delamirie produces the jewel.
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