People v. Canadian Fur Trappers Corp.

161 N.E. 455 (N.Y. 1928)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.