, (1722) 1 Strange 505, is a famous

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...

case on

personal property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...

and finder's rights. It is one of the first cases that established possession as a valuable property right and as evidence of ownership. The defendant in the case was

Paul de Lamerie Paul de Lamerie (9 April 1688 – 1 August 1751) was a London-based silversmith. The Victoria and Albert Museum describes him as the "greatest silversmith working in England in the 18th century". He was being referred to as the ‘King’s si ...

, a great producer of silverworks in the 18th century. His name was misspelled by the court reporter.Property, 2nd Concise Edition by Dukeminier et al., page 122

Facts

Armory was a

chimney sweep A chimney sweep is a person who clears soot and creosote from chimneys. The chimney uses the pressure difference caused by a hot column of gas to create a draught and draw air over the hot coals or wood enabling continued combustion. Chimneys ...

's boy who found a jewel in the setting of a ring. He took the jewel to the shop of Delamirie, a goldsmith, to obtain a valuation of the item. An

apprentice Apprenticeship is a system for training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study (classroom work and reading). Apprenticeships can also enable practitioners to gain a ...

, the agent of Delamirie, surreptitiously removed the gems from the setting on the pretense of weighing it. The apprentice returned with the empty setting and informed Armory that it was worth three halfpence. The apprentice offered to pay him for it but Armory refused and asked the apprentice to return the stones and setting in their prior condition. The apprentice returned the socket of the jewel without the gems. Armory brought an action against Delamirie in

trover Trover () is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value ...

(via

respondeat superior ''Respondeat superior'' ( Latin: "let the master answer"; plural: ''respondeant superiores'') is a doctrine that a party is responsible for (has vicarious liability for) acts of their agents.''Criminal Law - Cases and Materials'', 7th ed. 2012, ...

for the actions of his apprentice). The issue before the court was whether either party had any property rights to the jewel.

Judgment

The Court held that both Armory and Delamirie had property rights in the jewel, even though neither was the true owner. Sir John Pratt CJ held they each have a right to possession that is enforceable against everyone except those with a greater right to the possession. The true owner of the jewel was not relevant; the Court was only concerned with who had a ''better'' right to possession. The priority of rights to possession says that a finder has better title to property that he or she finds over everyone except the true owner, and Armory thus had full title to the jewel. The Court found in favour of Armory. Since the jewel was not produced at the trial, Armory was awarded the maximum value that a jewel of that form could have (under the principle that a wrongdoer should not be able to derive gain, i.e. uncertainty of damages, from the effects of his wrongdoing). and for others in the future. The report shows the following text:

Literature

''Armory v Delamirie'' inspired A. M. Watson’s literary fiction novel ''Infants of the Brush: A Chimney Sweep’s Story'', which focuses on the life of the chimney sweep’s boy who found the jewel.

Notes

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External links

Judgment on BAILII
1722 in England 1722 in British law English property case law Court of King's Bench (England) cases

Facts

Judgment

Literature

See also

Notes

External links