CARE OF MONEY

Matamata Record, Volume XIX, Issue 1791, 15 December 1936, Page 7

CARE OF MONEY

FINDER'S CLAIM FAILS A ruling- that the finder of money on private property had no title to .it, tout that the owner of the premises -was entitled ,to retainpossession of the money* ,»a custodian, was. given by Mr Justice Curlewis in the District Court recently. William Hugh Knight, shop assistant, of Goulburn, sought to recover £SB from the Salvation Army Auxiliary Company of Australia Proprietary, Limited. On November 4 plaintiff found a wallet in a bathroom at the People’s Palace, Sydney. The wallet contained £SB, chiefly in New Zealand notes. He handed the wallet and the money to the manager of the premises, who endeavoured to find the owner, but failed;

There was no dispute as to the facts, but the Court was asked to determine whether plaintiff, as the finder; was antitied to retain the money, or whether the company was bound to retain the money, pending the discovery of the owner. Mr J. W. Smyth submitted- on behalf of the defendant company that if the premises were regarded as private property, it was clear, on the authority of th,e ruling in South Staffordshire Water Company v. Sharmaa that the company, as owner of the property, was entitled to the legal possessiou'of the money, and that the finder had no right to possession. If the premises were regarded as a lodging house, then it was equally clear, on the authority of Regina v. Rowe and Scarborough v. Cosgrove that the defendant company was the custodian at law of the money for the true

owner, and the finder, had no> title to it. \ | Mr Smyth said he. wished to make' it clear that the . company did. not de- I sire to claim the money for itself, {; but was acting as trustee fpn..the true | owner. f>’ ' ‘ : Mr Cassidy,' forplaintiff,' contended that the finder was entitled, to the ( money. He cited, the. case cfil Bridges v. Hawkesworth, in. which Ahwndle;a£ • notes was found in. the public portion-; of a shop. It was held that the finder to the money against all but the true. 1 and not the shopkeeper was entitled owner. ■ His Honour nonsuited, plaintiffr. A. stay of proceedings.for 21 days was ordered.