BENJAMIN V. LINDNER AVIATION, INC.
534 N.W. 2d 400 (1995)
NATURE OF THE CASE: This was a dispute over the finding of $18,910 in currency inside an
airplane wing.
FACTS: State Central Bank became the owner of an airplane by repossession from a prior
owner who had defaulted under a loan. The Bank took the plane to Lindner Aviation for
routine annual inspection. Benjamin worked for Lindner and did the inspection. As part of
his inspection, Benjamin removed panels from the underside of the wings. Some had never been
removed before and Benjamin had to use a drill to get them out. Thereupon, Benjamin
discovered two packets four inches high wrapped in aluminum foil. He found $18,000 in
currency mostly twenty dollar bills from the 50's. The money smelled musty. Benjamin offered
to divide the money with his supervisor but that person reported the discovery to the owner
of Lindner who in turn called the Department of Criminal Investigation. The money was
eventually turned over to the Keokuk police department. Benjamin then filed an affidavit
that he was the finder. Lindner and the Bank also filed claims against the money. No one
came forward after notice to claim the money and Benjamin filed a declaratory judgment
action as he was the finder and under the statute (644) he was entitled to the money. The
case was tried and the court ruled that the statute regarding found money only applied to
lost property and as this property was mislaid the court gave the money to the Bank.
Benjamin was awarded a 10% finder's fee. Benjamin appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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