Kincaid v. Eaton

98 Mass. 139 (1867)

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Nature of the Case

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Facts

D was at the Bank making a deposit, finished his business, and left. P who was a boy sixteen years old, a clerk of a banking firm, came in to deposit money for his employers. No person other than the bank officers was in the room at this time. Outside of the counters occupied by the tellers, and near one of the doors of entrance into and exit from the room, was a desk provided by the bank for the convenience of persons having business there. After making his deposit P was leaving this room, he saw a pocket-book lying on this desk and took possession of it. P chased after D but was unable to make contact. P took it to the office of his employers, where it was opened, and found to be marked with D's name and to contain promissory notes to the amount of a thousand dollars, a United States bond of the denomination of a hundred dollars, and lottery tickets which represented a payment of one hundred and five dollars. P ascertained D's place of business, and called there several times during the afternoon, but was told that D was out of town. On Friday morning P called again, and D's place of business was closed. D took the pocket-book to the Bank and gave it to a teller to deliver to whoever should inquire for it. An hour earlier D had inquired for it at the bank. On noon of the same day, the advertisement for a reward offer was made. P heard of the advertisement and called immediately and was advised to take the pocket-book to D's residence. The teller gave it back to him, and he took it to D's house. P delivered the pocket-book to D and asked for the reward. D drew from his pocket a roll of bank bills and told P to help himself. P replied that he wished only the reward offered. D then said that he 'had no business to have kept the pocket-book,' and asked if ten dollars would satisfy him. P answered that it would not; that it was not the reward advertised. P then said again that ten dollars did not satisfy him; but took the amount and left. D asked the judge to rule that P could not recover; but he refused to do so, and instructed the jury to the contrary. A verdict was found for P and D appealed.