Armory v. Delamirie

Facts

• A chimney sweep's boy found a jewel while working. He took it to a jeweller's shop for appraisal. The jeweller's apprentice, having examined it, removed the stone and refused to return the jewel or its value. The boy sued for the jewel's value.

Issue

1. The rights of a finder or temporary possessor of goods against a subsequent wrongful detainer, and the appropriate measure of damages where the specific item cannot be produced.

Held

• A finder acquires a possessory right superior to all but the true owner of the item. This possessory right is sufficient to found an action against a wrongful detainer, even absent the finder being the true owner. Since the defendant could not produce the jewel to allow its value to be properly assessed, the court presumed the most favourable valuation against the wrongdoer. The boy recovered the jewel's value.

Ratio Decidendi

A finder holds a possessory title good against all but the true owner, and can maintain an action for wrongful detention or conversion against anyone else interfering with this possession. Where a defendant wrongfully withholds an item and prevents its proper valuation, the court will resolve valuation uncertainty against the wrongdoer.