MCAVOY V. MEDINA
93 Mass. (11 Allen) 548 (1866)
NATURE OF THE CASE: McAvoy (P) sought review of a decision, which awarded a judgment in
favor of Medina (D), barber, in P's action that alleged he was entitled to keep a wallet
that he found in D's shop that belonged to a transient customer who could not be located.
FACTS: Apparently a customer of a shop placed his wallet on the counter but forgot to
take it with him. McAvoy (P) saw and took the pocketbook which was lying on a table in
Medina's (D) barbershop. He gave it to D to hold for the true owner. D promised to attempt
to find the true owner, but that person was never found. P demanded the pocketbook from D,
who refused, asserting ownership over the pocketbook. P sued. The judge ruled that P could
not maintain an action to recover money. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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