New York & Harlem Railroad v. Haws
The Superior Court of New York City
Appeal from a judgment. The defendant Haws, a passenger in one of the plaintiffs’ cars, found a package- in the car containing $1,045 in money. He handed it to the conductor without examination, and told him he had found it; supposed some one had dropped it; requested the conductor to inquire for the loser, and if not found, to report to him on his return trip. The conductor gave -the package to the plaintiffs’ treasurer. The owner was not found.
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Appeal from a judgment. The defendant Haws, a passenger in one of the plaintiffs’ cars, found a package- in the car containing $1,045 in money. He handed it to the conductor without examination, and told him he had found it; supposed some one had dropped it; requested the conductor to inquire for the loser, and if not found, to report to him on his return trip. The conductor gave -the package to the plaintiffs’ treasurer. The owner was not found. After waiting several months Haws demanded the money of the plaintiffs, and on their refusal, commenced an action for its recovery, and prosecuted…
1Opinion of the Court
By the Court.—Monell, J.
I think it quite free from doubt, that the direction of the learned justice in the action of Haws against the railroad company was correct. As between those parties, Haws was the owner of the money, and had the right to its custody ; and his claim or title could be made to yield only to the superior title of the real owner. But, until the real owner was found, the finder as against all others is to be regarded as the owner (McLaughlin v. Waite, 5 Wend. 405; Amory v. Delamire, 1 Strange, 505).
And such finding is sufficient to give a right of action by the finder against…
2Cases cited5 opinions
- Atkinson v. ManksNew York Supreme Court · 1823
- Shaw v. CosterNew York Court of Chancery · 1840
- Badeau v. Rogers & SecordNew York Court of Chancery · 1830
- Baker v. HoagNew York Supreme Court · 1849
- Mierson v. HopeThe Superior Court of New York City · 1870