Court case(1722) 1 Strange 505

A chimney sweeper's boy found a ring set with jewels and took it to the shop of Paul de Lamerie, a goldsmith, to learn what it was worth. The apprentice, under pretence of weighing it, took out the stones and offered the boy three halfpence for the socket. The boy refused and demanded the ring back; the apprentice returned the empty socket. The boy sued the goldsmith in trover for the jewels.

Pratt CJ ruled, first, that the finder of a jewel, though he does not by finding acquire an absolute property or ownership, has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover. Secondly, the master was answerable for the act of his apprentice. Thirdly, as to the measure of damages, unless the defendant produced the jewel and showed it not to be of the finest water, the jury should presume the strongest against him and assess the value of the best jewels that would fit the socket. The jury found for the boy accordingly.