the conditions and place where the property was found one can infer whether the property was left there intentionally or unintentionally. Benjamin v Lindner, 534 N.W.2d at 407.
In Benjamin, while inspecting a plane Benjamin Heath found two packets wrapped in aluminum foil containing $18,000 tied in string and wrapped in handkerchiefs. Id at 403. In order to carry out the inspection Benjamin had to remove panels from the underside of the wings. Id. He used a drill to remove the screws on the panel and he found the money in the left panel. Id. The court reasoned that both logic and common sense suggest that it is unlikely someone would voluntarily part with over $18,000 with the intention of terminating his ownership. Id at 407. The location where this money was found is much more consistent with the conclusion that the owner of the property was placing the money there for safekeeping. Id. The Court ruled that the circumstances in which the money was found supports an inference that the money was placed there intentionally, therefore fitting the classification of mislaid property. Id. …show more content…
It was correctly inferred that someone had placed the $18,000 in the panels with the intent of safekeeping. Tommy had put the cards in a small storage box for safekeeping. Unlike Benjamin’s case, Rayne did not need to remove anything in order to find the box in the corner of the clubhouse. The circumstances under which Mr. Rayne found the box suggest the box had not been placed in the basement for safekeeping, which was Tommy’s original intent of using the
In Benjamin, while inspecting a plane Benjamin Heath found two packets wrapped in aluminum foil containing $18,000 tied in string and wrapped in handkerchiefs. Id at 403. In order to carry out the inspection Benjamin had to remove panels from the underside of the wings. Id. He used a drill to remove the screws on the panel and he found the money in the left panel. Id. The court reasoned that both logic and common sense suggest that it is unlikely someone would voluntarily part with over $18,000 with the intention of terminating his ownership. Id at 407. The location where this money was found is much more consistent with the conclusion that the owner of the property was placing the money there for safekeeping. Id. The Court ruled that the circumstances in which the money was found supports an inference that the money was placed there intentionally, therefore fitting the classification of mislaid property. Id. …show more content…
It was correctly inferred that someone had placed the $18,000 in the panels with the intent of safekeeping. Tommy had put the cards in a small storage box for safekeeping. Unlike Benjamin’s case, Rayne did not need to remove anything in order to find the box in the corner of the clubhouse. The circumstances under which Mr. Rayne found the box suggest the box had not been placed in the basement for safekeeping, which was Tommy’s original intent of using the