This section contains the nature of the case and procedural background.

Thurborn (D) found a lost note on a road. It lacked identifying marks as to ownership, and the surrounding circumstances did not indicate any clue as to ownership. D had no reason to believe that the owner knew where to find the note. D took the note for his own use. The next day he was informed about a possible owner, who had dropped the note accidentally. D refused to return the note, cashed it, and kept the money for his own use.

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