The opinion of the court was delivered by: BRUCHHAUSEN
The plaintiff brings this action against the defendant, as property clerk of the Police Department, to recover a sum of money, taken by a police officer from the possession of one, David Leigh. The plaintiff claims that the money was the property of Leigh and that it is entitled thereto by virtue of a tax lien against his property.
The principal defense is that this fund is gambling money and that gambling money does not belong to the gambler.
The Court makes the following findings of fact:
1. That David Leigh was the owner of a 1948 Cadillac Sedan, registered in his name.
2. That on October 10, 1952, police officers, incidental to the lawful arrest of David Leigh, took possession of the automobile and its contents and thereafter turned over the same to the defendant and that he has ever since retained possession thereof.
3. That on October 21, 1952, the plaintiff duly obtained a tax lien in the sum of $ 5,662.01 upon all property belonging to said David Leigh.
4. That at the time of such seizure the said automobile was unoccupied and locked and that Leigh was arrested immediately after he parked and left the vehicle.
5. That the police officers on searching the vehicle found a large white envelope, above the sun visor, containing three slips of paper, records of policy collections and the identity of the collectors and a small notebook, with five written pages of policy collections, due to collectors.
6. That in the locked trunk of the car were found thirty-nine articles of wearing apparel, tools, household furnishings and toilet articles, none of which are claimed to be gambling equipment, but that in addition thereto there were found seventeen articles of gambling equipment consisting of a cigar box with 318 dice, 33 decks of playing cards, card tables, card cloths, leather cup for shaking dice, a micrometer for measuring dice, calipers, magnets, magnifying glass, plastic numbers and several adding machines.
7. That in the same trunk was found a canvas bag, containing the sum of $ 3,718.46 in cash, which is the subject of this action.
8. That included in that sum was one hundred forty-one single dollars; four hundred and twenty-five, 25 cent coins; four hundred fifth-eight, 5 cent coins and thirty-six, 50 cent coins.
9. That at the time of his arrest, Leigh was unemployed.
10. That he was charged and found guilty of possessing policy slips and of hiring and allowing to be used a certain room, table, establishment and apparatus for the purpose of gambling.
11. That he had prior convictions, i.e. in 1937, possessing counterfeit money and in 1948, 1950 ...