Armory v Delamirie (1722) 1 Str 505 (KB)

Facts

  • A young chimney sweep, referred to as A, found a jewel set in a ring.
  • A took the jewel to a goldsmith, D, for valuation.
  • While valuing the jewel, D’s apprentice removed the jewel from the setting and refused to return it to A.
  • A did not have proof of absolute ownership, but possessed the jewel by having found it.
  • The goldsmith, through his apprentice, withheld the jewel, resulting in a dispute over legal rights to possession.

Issues

  1. Whether the finder of a chattel (A) can claim possession against another (D) who subsequently takes the item.
  2. Whether possessory title, gained by finding, is sufficient to maintain an action in conversion despite a lack of absolute ownership.
  3. Whether the finder’s right to possession only yields to that of the true owner.

Decision

  • The Court of King's Bench held that A had a valid claim in conversion against D.
  • The court affirmed that a finder of goods acquires a right to possession enforceable against all except the true owner.
  • A’s possessory title was found superior to D’s, as D’s possession resulted from taking the chattel from A.
  • Damages were awarded to A, based on the value of the jewel, upholding the possessory interest even though absolute ownership was not established.

Legal Principles

  • The tort of conversion protects possessory rights to personal property, not merely absolute ownership.
  • A person with possession of a chattel may have a superior claim to all others except the true owner.
  • Possessory title is sufficient to sustain an action in conversion.
  • Section 8(1) of the Torts (Interference with Goods) Act 1977 clarifies that a defendant can defend a conversion claim by proving a third party has a better claim to the goods, highlighting the conditional nature of possessory rights.

Conclusion

Armory v Delamirie established the legal principle that a finder of a chattel enjoys a possessory title enforceable against all except the true owner, enabling actions in conversion without requiring proof of absolute ownership; this remains a fundamental principle of English common law on personal property and conversion.

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