People v. Canadian Fur Trappers Corp.
161 N.E. 455 (N.Y. 1928)
Nature of the Case
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Facts
Canadian Fur Trappers Corp. (D) sold furs on an installment plan. Mrs. Stanley paid $25 down on a $295 fur. Upon tendering the balance, she discovered that her fur had been resold and she refused to accept an inferior substitute. D was indicted for larceny. The People (P) made several offers of proof that what happened to Mrs. Stanley was a common practice of the corporation and authorized by its officers. Those offers of proof were rejected. D was convicted and appealed; the state failed to establish the requisite specific intent for larceny.
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