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ACC 543 Week 5 Textbook Exercises

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ACC 543 Week 5 Textbook Exercises 47.2 Mislaid Property Alex Franks was a guest staying at a Comfort Inn in Searcy, Arkansas, while he was working on a highway project. Franks found a bundle of money in plain view in the left part of the left drawer in the dresser in his room. Franks notified the hotel manager, who notified the police. The police took custody of the money and discovered that the carefully wrapped bundle contained $14,200 in cash—46 $100 bills and 480 $20 bills. Franks sued to recover the cash. J.K. Kazi, the owner of the hotel, joined the lawsuit, also claiming the money. Franks argued that the money was lost property and therefore he, as the finder, was entitled to the money. Kazi argued that the money was mislaid property and that he, as the owner of the premises on which the money was found, was entitled to the money. The trial court held that the money had been mis-laid and awarded the money to Kazi, the hotel owner. Franks appealed. Was the money mislaid or lost property? Who receives the property? Franks v. Kazi, 88 Ark.App. 243, 197 S.W.3d 5, Web 2004 Ark. App. Lexis 771 (Court of Appeals of Arkansas) 47.3 Bailment The Sisters of Charity of the Incarnate Word, d.b.a. St. Elizabeth Hospital of Beaumont, operates a health and wellness center. Phil Meaux was a paying member of the health center. The rules of the center, which Meaux had been given, state, “The Health & Wellness Center is not responsible for lost or stolen items.” A sign stating, “We cannot assure the safety of your valuables” was posted at the check-in desk. The wellness center furnished a lock and key to each member but had a master key to open lockers in case a member forgot or lost his or her key. One day, Meaux went to the wellness center and placed his clothes, an expensive Rolex watch, and a money clip with $400 cash in the locker assigned him. Upon returning from swimming, Meaux discovered that his locker had been pried open, and his watch and money had been stolen by some unknown person. Meaux sued the Sisters of Charity, alleging that a bailment had been created between him and the Sisters and that the Sisters, as bailee, were negligent and therefore liable to him for the value of his stolen property. The trial court held in favor of Meaux and awarded him $19,500 as the value of the stolen property, plus interest and attorneys’ fees. The Sisters of Charity appealed. Was a bailment created between Meaux and the Sisters of Charity? Who wins? Sisters of Charity of the Incarnate Word v. Meaux, 122 S.W.3d 428, Web 2003 Tex. App. Lexis 10189 (Court of Appeals of Texas) 47.6 Abandoned Property Police officers of the city of Miami, Florida, responded to reports of a shooting at the apartment of Carlos Fuentes. Fuentes had been shot in the neck and shoulder, and shortly after the police arrived, he was removed to a hospital. In an ensuing search of the apartment, the police found assorted drug paraphernalia, a gun, and cash in the amount of $58,591. The property was seized, taken to the police station, and placed in custody. About nine days later, the police learned that Fuentes had been discharged from the hospital. All efforts by police to locate Fuentes and his girlfriend, a co-occupant of Fuentes’s apartment, were unsuccessful. Neither Fuentes nor his girlfriend ever came forward to claim any of the items taken by the police from his apartment. About four years later, James W. Green and Walter J. Vogel, the owners of the apartment building in which Fuentes was a tenant, sued the city of Miami to recover the cash found in Fuentes’s apartment. The state of Florida intervened in the case, also claiming an interest in the money. Who wins? State of Florida v. Green, 456 So.2d 1309, Web 1984 Fla.App. Lexis 15340 (Court of Appeal of Florida) 50.1 Exclusion from Insurance Policy Richard Usher’s home was protected by a homeowners’ policy issued by National Ameri

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