Armory v Delamirie
(1722) 1 Str 50517221 min read
The case in brief30-second read
- Facts
- A chimney sweep's boy found a jewel while working. He took it to a jeweller's shop for appraisal. The jeweller's apprentice, having examined it, removed the stone and refused to return the jewel or its value. The boy sued for the jewel's value.
- Issue
- The rights of a finder or temporary possessor of goods against a subsequent wrongful detainer, and the appropriate measure of damages where the specific item cannot be produced.
- Held
- A finder acquires a possessory right superior to all but the true owner of the item. This possessory right is sufficient to found an action against a wrongful detainer, even absent the finder being the true owner. Since the defendant could not produce the jewel to allow its value to be properly assessed, the court presumed the most favourable valuation against the wrongdoer. The boy recovered the jewel's value.
- Principle
- A finder or lawful temporary possessor holds a superior possessory right against all but the true owner, and wrongful refusal to return or account for goods held is actionable.
Facts
- A chimney sweep's boy found a jewel while working. He took it to a jeweller's shop for appraisal. The jeweller's apprentice, having examined it, removed the stone and refused to return the jewel or its value. The boy sued for the jewel's value.
Issue
- The rights of a finder or temporary possessor of goods against a subsequent wrongful detainer, and the appropriate measure of damages where the specific item cannot be produced.
Held
- A finder acquires a possessory right superior to all but the true owner of the item. This possessory right is sufficient to found an action against a wrongful detainer, even absent the finder being the true owner. Since the defendant could not produce the jewel to allow its value to be properly assessed, the court presumed the most favourable valuation against the wrongdoer. The boy recovered the jewel's value.
Ratio decidendi
A finder holds a possessory title good against all but the true owner, and can maintain an action for wrongful detention or conversion against anyone else interfering with this possession. Where a defendant wrongfully withholds an item and prevents its proper valuation, the court will resolve valuation uncertainty against the wrongdoer.
Exam use
How to use it in an answer
- Key line: "In Armory v Delamirie (1722), the court held that a finder's possessory right is good against all but the true owner, and a wrongful detainer must account for the item's value."
- Use to illustrate the strength of possessory rights in the context of wrongful detention and conversion of movable property.
Cite this
Citation
Armory v. Delamirie (1722) 1 Str 505Reported: (1722) 1 Str 505. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.