Berthiaume

This is an action of claim and delivery for the return of lost property. The defendant, in addition to his answer, set up a cross-complaint demanding payment of a reward of five hundred dollars, and that the same be declared to be a lien upon the property. The case was tried, and judgment went for defendant as demanded.

It is not disputed that the plaintiff lost the property in question, that the defendant found it, nor that the plaintiff offered a reward of five hundred dollars for its return. It is denied, however, that the defendant, relying upon the promise of plaintiff to pay the reward, offered to return the property to plaintiff. The evidence shows that the next day after the reward was advertised the defendant placed the property in the hands of his attorneys, and that shortly thereafter the parties hereto met to discuss and settle the question of the amount of the reward. The defendant, it seems, had demanded a larger amount than the sum advertised for the return of the property, which plaintiff declined to pay, but at no time withdrew the advertised offer. On the contrary, after some discussion she agreed to pay the five hundred dollars, provided a certain expert would…