McAvoy v. Medina

93 Mass. 548 · Massachusetts Supreme Judicial Court · 1866

Facts

A customer in the defendant's shop voluntarily placed property on a table and accidentally left it there, never returning for it. The plaintiff, also a customer, later found the property on the table and picked it up. The defendant then became aware of the property and took possession of it.

Issue

Does a customer who finds property voluntarily placed and forgotten on a table in a shop have a superior claim to it over the shop owner?

Holding

No, the plaintiff (finder) did not acquire a right to the property. The defendant (shop owner) had a duty to use reasonable care for the safe keeping of the property until the true owner should call for it.

Rule

Property that is voluntarily placed somewhere by its owner and then forgotten is not considered "lost property" in the sense that a finder has a valid claim against all but the true owner. Instead, the owner of the premises where such property is found has a duty to use reasonable care for its safekeeping until the true owner reclaims it. This rule is adopted as it is better adapted to secure the rights of the true owner.

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Case brief last reviewed 2026-09-10. Prepared by CaseReader from the published opinion.