Ghen v. Rich case brief
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
8 F.
159
CASE SYNOPSIS: Libellant filed action for conversion of a whale against respondent who purchased whale from person who found it along beach, alleging that local custom that fisherman who shoots a whale with an identifiable bomb-lance, which whale sinks to the ocean bottom then later resurfaces, may claim title to the whale.
FACTS: Libellant fisherman shot a fin-back whale with a bomb-lance identifiable as belonging to him, which caused it to sink to the bottom of the ocean. This method was used because the fin-back whale swims too fast to be killed by harpoon and line. A local custom existed in the community that when a whale resurfaced, the fisherman would be notified and the finder would be paid a small salvage fee for his services. In this case, the whale was found on the beach by a third party, who sold it to respondent. Libellant sued respondent for conversion of the whale.
HOLDING:
The court granted judgment to libellant, holding that the local usage gave title to the whale, since it was reasonable and required the first taker to commit the only act of appropriation that was possible in that situation, i.e. embedding the identifiable bomb-lance in the whale.
CONCLUSION: Court granted judgment to libellant fisherman in action for conversion of whale against respondent who purchased whale from person who found it on beach, because local usage that fisherman who shoots whale with identifiable bomb-lance, allowing whale to sink, then pays fee to finder upon its resurfacing, gave fisherman title.
CASE SYNOPSIS: Libellant filed action for conversion of a whale against respondent who purchased whale from person who found it along beach, alleging that local custom that fisherman who shoots a whale with an identifiable bomb-lance, which whale sinks to the ocean bottom then later resurfaces, may claim title to the whale.
FACTS: Libellant fisherman shot a fin-back whale with a bomb-lance identifiable as belonging to him, which caused it to sink to the bottom of the ocean. This method was used because the fin-back whale swims too fast to be killed by harpoon and line. A local custom existed in the community that when a whale resurfaced, the fisherman would be notified and the finder would be paid a small salvage fee for his services. In this case, the whale was found on the beach by a third party, who sold it to respondent. Libellant sued respondent for conversion of the whale.
HOLDING:
The court granted judgment to libellant, holding that the local usage gave title to the whale, since it was reasonable and required the first taker to commit the only act of appropriation that was possible in that situation, i.e. embedding the identifiable bomb-lance in the whale.
CONCLUSION: Court granted judgment to libellant fisherman in action for conversion of whale against respondent who purchased whale from person who found it on beach, because local usage that fisherman who shoots whale with identifiable bomb-lance, allowing whale to sink, then pays fee to finder upon its resurfacing, gave fisherman title.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
No comments:
Post a Comment