McAvoy v. Medina

93 Mass. (11 Allen) 548 (1866)

Quick Summary

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McAvoy (plaintiff) located a pocketbook in Medina’s (defendant) barber shop and, after no one claimed it, sought to obtain its contents. Medina refused and retained possession. The dispute centered on whether McAvoy as finder had rights to unclaimed property over those of Medina, the shop owner.

The court concluded that mislaid property remained within the constructive possession of its owner and that Medina was better positioned to return it to them, thus ruling in favor of Medina.

Facts of the Case

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McAvoy (plaintiff) visited a barber shop owned by Medina (defendant) to get a haircut. During his visit, McAvoy discovered a pocketbook left on a table by a previous customer. McAvoy presented the pocketbook to Medina, who then took responsibility for it in order to locate its rightful owner.

After no claimant came forward for the pocketbook, McAvoy requested that Medina hand over the money found within, asserting his rights as the finder of the property. Medina refused, prompting McAvoy to initiate legal action to recover the contents of the pocketbook.

The core dispute arose over who held the right to the unclaimed property—the finder or the proprietor of the establishment where it was found. The trial court sided with Medina, leading McAvoy to challenge the decision, which escalated the matter to the Supreme Judicial Court of Massachusetts for further review.

Procedural Posture and History

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  1. McAvoy found a pocketbook at Medina’s barber shop and handed it over to Medina.
  2. When no one claimed the pocketbook, McAvoy demanded the money from Medina, who refused.
  3. McAvoy sued Medina for the money in the pocketbook.
  4. The trial court ruled in favor of Medina.
  5. McAvoy appealed the decision to the Supreme Judicial Court of Massachusetts.

I.R.A.C. Format


Issue Icon
  • Whether the finder of a pocketbook in a barber shop is entitled to its contents when the owner does not claim it.
  • Whether the shop owner retains rights to such unclaimed property.

Rule of Law

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Property that is mislaid rather than lost remains within the constructive possession of the original owner, and the proprietor of the premises where such property is found has a duty to safeguard it until claimed by its rightful owner. The finder of mislaid property does not automatically acquire rights to it over the premises’ proprietor.

Reasoning and Analysis

Reasoning Icon

The court examined precedents and distinguished between lost property and mislaid property. In this case, since the pocketbook was left on a table within a business establishment and not lost in a manner that severed its owner’s control, it was deemed mislaid.

The court reasoned that awarding possession of the pocketbook to Medina was more likely to secure the rights of the true owner, as Medina’s establishment was a fixed location where an owner could reasonably return to seek their property.

The court also considered different categories of property such as lost, mislaid, and abandoned items, acknowledging that distinguishing between these can be complex but necessary in determining rightful possession. The court found that McAvoy, as the finder, did not have superior rights to the money over Medina, who had taken on the responsibility of securing it for its owner.


Conclusion Icon

The Supreme Judicial Court of Massachusetts affirmed the lower court’s judgment in favor of Medina, concluding that he was more likely to return the pocketbook to its rightful owner than McAvoy.

Key Takeaways

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  1. A finder’s rights to discovered property are not absolute and depend on whether the item is lost, mislaid, or abandoned.
  2. Mislaid property remains in the constructive possession of its owner and is best safeguarded by the proprietor of the premises where it was found.
  3. The court’s decision aimed at ensuring that unclaimed property is most likely returned to its rightful owner by leaving it with a responsible party in a fixed location.

Relevant FAQs of this case

What determines whether property is considered lost, mislaid, or abandoned?

Property classification depends on the owner’s actions and intentions. Lost property is involuntarily parted with, mislaid property is intentionally placed somewhere then forgotten, and abandoned property is deliberately left with no intention to reclaim.

  • For example: A phone forgotten on a park bench is likely mislaid rather than lost, as the owner consciously put it there before forgetting to take it.

Who has the superior claim to found property: the finder or the landowner?

Generally, the finder of lost property has a superior claim against everyone except the true owner. However, for mislaid property, the premises’ owner may have better claim, to return it to its likely revisiting owner.

  • For example: If a wallet is found in a taxi, the driver—as the proprietor—has a superior claim to hold onto it for the owner rather than a passenger who found it.

What duty does a person who finds mislaid property on their premises have?

The premises owner must take reasonable care of the property and make efforts to return it to its rightful owner, often by holding onto it until claimed.

  • For example: A cafe owner finding a left behind novel should keep it secure and possibly display a ‘found item’ notice to reunite it with its customer-owner.
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