Wentworth v. Day
Massachusetts Supreme Judicial Court
This action, which was trover for a watch, was submitted to the court on the following statement of facts : The plaintiff lost the w'atch mentioned in his declaration, about the middle of October 1S39, in Bradford, in the county of Essex, and put the following advertisement into the Essex Banner, a newspaper published at Haverhill in said county : ‘ Twenty Dollars reward.
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This action, which was trover for a watch, was submitted to the court on the following statement of facts : The plaintiff lost the w'atch mentioned in his declaration, about the middle of October 1S39, in Bradford, in the county of Essex, and put the following advertisement into the Essex Banner, a newspaper published at Haverhill in said county : ‘ Twenty Dollars reward. Lost, upon the road from Haverhill to Brighton, about two miles from Haverhill Bridge, a gold lever watch. Whoever will return it to this office shall receive the above reward. Francis Wentworth. Oct. 12.” The watch was…
1Opinion of the CourtShaw, C. J.
Although the finder of lost property on land has no right of salvage, at common law, yet if the loser of property, in order to stimulate the vigilance and industry of others to find and restore it, will make an express promise of a reward, either to a particular person, or in general terms to any one who will return it to him, and, in consequence cf such offer, one does return it to him, it is a valid contract. Until something is done in pursuance of it, it is a mere offer, and may be revoked. But if, before it is retracted, one so far complies with it, as to perform the labor, for which the…
2Cases cited1 opinion
- Symmes v. FrazierMassachusetts Supreme Judicial Court · 1810
3Cited by2 opinions
- James Godwin v. United StatesCourt of Appeals for the Second Circuit · 1982
- People Ex Rel. Gilmour v. HydeNew York Court of Appeals · 1882