Apparently, a customer of a shop placed his wallet on the counter but forgot to take it with him. McAvoy (P) saw and took the pocketbook which was lying on a table in Medina's (D) barbershop. He gave it to D to hold for the true owner. D promised to attempt to find the true owner, but that person was never found. P demanded the pocketbook from D, who refused, asserting ownership over the pocketbook. P sued. The judge ruled that P could not maintain an action to recover money. P appealed.

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