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People v. Ashworth

222 N. Y. S. 24, 220 App. Div. 498 (1927)

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People v. Ashworth

New York Supreme Court, Appellate Division

222 N. Y. S. 24, 220 App. Div. 498 (1927)

Facts

Harry Ashworth (defendant) was the mill superintendent and general manager of the A-O Worsted Company, Inc. Meanwhile, his brother, Alfred Ashworth (defendant), was the vice president and principal stockholder of the Midland Wool Combing Company, Inc. The Lockport Felt Company entered into an agreement with the Ashworths for the combing of raw wool by Midland. Lockport entered into a subsequent agreement with the Ashworths for the spinning of the same wool into yarn. However, because Midland had no facilities for spinning wool, all of the yarn was spun using A-O’s spinning facilities, machines, and laborers. This spinning was done in secret and without the knowledge or authorization of any of A-O’s officers. The final product was delivered to Lockport, who paid Midland for services rendered. The Ashworths were indicted and later convicted of larceny as a result of this transaction. The Ashworths appealed.

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

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