Benjamin v. Lindner Aviation, Inc.

534 N.W. 2d 400 (1995)

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Nature of the Case

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Facts

State Central Bank became the owner of an airplane by repossession from a prior owner who had defaulted under a loan. The Bank took the plane to Lindner Aviation for routine annual inspection. Benjamin worked for Lindner and did the inspection. As part of his inspection, Benjamin removed panels from the underside of the wings. Some had never been removed before, and Benjamin had to use a drill to get them out. Thereupon, Benjamin discovered two packets four inches high wrapped in aluminum foil. He found $18,000 in currency mostly twenty dollar bills from the '50s. The money smelled musty. Benjamin offered to divide the money with his supervisor, but that person reported the discovery to the owner of Lindner who in turn called the Department of Criminal Investigation. The money was eventually turned over to the Keokuk police department. Benjamin then filed an affidavit that he was the finder. Lindner and the Bank also filed claims against the money. No one came forward after notice to claim the money and Benjamin filed a declaratory judgment action as he was the finder and under the statute (644) he was entitled to the money. The case was tried, and the court ruled that the statute regarding found money only applied to lost property and as this property was mislaid the court gave the money to the Bank. Benjamin was awarded a 10% finder's fee. Benjamin appealed.