Kincaid v. Eaton

98 Mass. 139 (1867)

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Kincaid v. Eaton

Massachusetts Supreme Judicial Court
98 Mass. 139 (1867)

  • Written by Tammy Boggs, JD

Facts

A man (the owner) (defendant) was making a deposit at a bank. As the owner was leaving the counter area, he passed by a teenage boy (plaintiff) who was heading toward the counter area to deposit funds on behalf of the boy’s employer. After finishing his deposit, the boy noticed and picked up a pocketbook lying on a desk located by the entrance of the bank. The desk was available for use by any banking customer. There were no other customers in the bank at the time. The boy supposed that the pocketbook belonged to the owner and tried to catch up with him, but the owner was no longer in the vicinity. The boy took the pocketbook to his employer’s office and, upon opening the pocketbook, discovered that it contained valuable papers bearing the owner’s name and lottery tickets worth $105. For a couple of days, the boy tried to return the pocketbook to the owner’s business location, but the owner was not there. The boy then brought the pocketbook to the bank and gave it to a teller with instructions to return it to someone who came asking about it. Shortly thereafter, the owner placed an advertisement in a Boston newspaper that stated as follows: “[$110] reward. Lost, a [pocketbook] containing papers valuable only to the owner. The finder can have the above reward by returning book and contents” to the newspaper’s office. Once the boy learned of the advertisement, he retrieved the pocketbook from the bank teller, contacted the newspaper, and brought the pocketbook to the owner’s house. The boy asked for the advertised reward. The owner refused, stating that the boy “had no business” taking and keeping the pocketbook left on the bank’s desk. The owner stated he had supposed the pocketbook was stolen and thus advertised the reward in the published manner. The owner offered $10 to the boy instead. The boy sued the owner, arguing that he was entitled to $110 pursuant to the advertised reward. A trial followed. The jury returned a verdict for the boy, and the owner asserted exceptions to the verdict.

Rule of Law

Issue

Holding and Reasoning (Wells, J.)

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