Benjamin v. Linder Aviation

Benjamin v. Linder Aviation - The court awarded a finders...

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Ryan Brandenburg BSAD 3140 5/12/2009 Benjamin v. Lindner Aviation, Inc. Citation: Benjamin v. Lindner Aviation, Inc. Supreme Court of Iowa (1995) 543 N.W.2d 400 Statement of facts: Plaintiff: Benjamin Defendant: Lindner Aviation, Inc. Lindner Aviation was servicing an airplane owned by State Central Bank at the time when Heath Benjamin, a Lindner employee, found more than $18,000 wrapped in aluminum foil during a routing inspection. The money was found inside the left wing of the aircraft when Benjamin removed a panel of the wing by drilling out the screws of the panel. The screws Benjamin had to drill out were extremely rusty and because of this he believes the panel had not been removed in several years. The money was turned over to the Keokuk police department. After twelve months of trying to find the true owner, no one claimed the money. Benjamin, Lindner and State Central Bank can now claim the money. The Iowa district court held the money was mislaid and belonged to State Central Bank because they own the plane.
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Unformatted text preview: The court awarded a finders fee to Benjamin. Benjamin appealed and Lindner Aviation and the bank cross-applealed. Legal Issue: Does Benjamin have title to the money as the moneys finder? Decision: Judgment for State Central Bank. Reasoning: The money went to State Central Bank because the property was mislaid. Mislaid property is property that is left in a place on purpose and then forgotten where he or she put the property. The finder of mislaid property has no rights to the property. The right of possession goes to the owner of the property of the premises where the property was left. The reason behind this is when a person forgets property they may remember where they put it and go back to the owner of the premises and ask them for it. Also, for this reason the airplane, not the hangar the plane was in is the premises the property was left in....
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