Armory v. Delarimie, (1722) K.B., 1 Strange 505, 93 ER 664

This strange, short case comes to us with virtually no history. In class-stratified 18th century England, it is a mystery how the unnamed chimney sweep was able to obtain council and bring this action. The defendant Paul Delarimie was one of the era's most renowned goldsmiths. As you read it, consider whether we use any of the rules developed to account for discovery, capture, or creation to resolve this dispute.

I would also direct your attention to the interplay between two long-standing maxims from the playground. 1) Finders Keepers, Losers Weepers; and 2) Possession is 9/10th of the Law.

The Opinion

Before Pratt, C.J. at nisi prius.

The plaintiff, being a chimney sweeper's boy, found a jewel, and carried it to the defendant's shop, (who was a goldsmith,) to know what it was, and delivered it into the hands of an apprentice, who, under pretense of weighing it, took out the stones; and, calling to the master to let him know if it came to three half-pence, the master offered the boy the money, who refused to take it, and insisted to have the thing again; whereupon the apprentice delivered him back the socket without the stones. And now in trover against the master these points were ruled:

1. That the finder of a jewel, though he does not by such finding acquire an absolute property right of ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover.

2. That the action may well lay against the master, who gives a credit to his apprentice, and is answerable for his neglect.

3. As to the value of the jewel, several of the trade were examined to prove what a jewel of the finest water that would fit the docket would be worth; and the chief justice directed the jury that, unless the defendant did produce the jewel, and show it not to be of the finest water, they should presume the strongest against him, and make the value of the best jewels the measure of their damages, which they accordingly did.

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.