Reference no: EM13890030

Marsha Hamilton and Andrea Morris were guests at a dinner party attended by approximately 25 people. The party began about 7:00 p.m. and ended at approximately 1:00 a.m. Alcoholic beverages were served throughout the evening. At approximately 11:30, while working in the kitchen, Hamilton removed her watch and placed it on the counter. About midnight, Hamilton left the kitchen and went outside. After about 15 minutes, she became ill and fled to the bathroom. Shortly after Hamilton left the kitchen, Morris saw the watch on the counter and, fearing for its safety, picked it up and carried it in her hand as she looked for Hamilton. When Hamilton came out of the bathroom, she and her fiancé left the party; Morris was unable to find Hamilton and could not recall precisely what she did with the watch. She testified that she either gave it to Hamilton's finance or put it somewhere in the host's house for safekeeping. Hamilton's finance testified that Morris did not give him the watch. The next day, Hamilton discovered that she did not have her watch, but in a search of the host's home the watch was not recovered. Hamilton wants to sue. Who should she sue and would she win. Explain the legal theory she could use.