Thursday, May 23, 2013

Morgan v. Kroupa case brief

Morgan v. Kroupa case brief
167 Vt. 99

CASE SYNOPSIS: Defendant owner sought review of a decision of the Addison Superior Court (Vermont), which awarded possession of a dog to plaintiff finder.

FACTS: The finder found the owner's lost dog and took it home. She posted notices and contacted the humane society but was unsuccessful in locating the owner. When the owner found the dog, the finder did not want to return it. Nonetheless, when the owner prepared to leave, the dog jumped into the owner's truck, and he left with the dog. The finder filed an action in replevin to recover the dog. The trial court entered judgment for the finder and returned the dog to her. The court ruld that the finder had substantially complied with the lost property statute Vt. Stat. Ann. tit. 27, §§ 1101-1110, and therefore she was entitled to the dog. On appeal, the court affirmed. The court held that the trial court properly awarded possession to the finder, because she diligently attempted to locate the owner and responsibly sheltered and cared for the dog over a year.

CONCLUSION: The court affirmed the judgment that awarded possession of the dog to the finder.

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