People v. Canadian Fur Trappers’ Corp.
Court of Appeals of New York
161 N.E. 455 (1928)
Canadian Fur Trappers’ Corporation (Fur Trappers’) (defendant), was a company located in Buffalo, New York, that sold fur coats to individuals on an installment plan. Mrs. Ella Stanley purchased a fur coat from the company and paid a $25 deposit. The agreement provided that Stanley would take possession of the coat once the balance of the total price of $295 was paid. There was no requirement in which the balance was to be paid. Fur Trappers’ agreed to keep the coat in storage for Stanley until the balance was paid. Later that fall, Stanley paid the balance on the coat she purchased, but was presented with a different coat. Fur Trappers’ had resold Stanley’s coat. It was later shown that the coat presented to Stanley had been previously sold to another customer. Fur Trappers’ was charged with second-degree grand larceny. At trial, the prosecution attempted to show that it was the business of Fur Trappers’ to instruct its employees to resell the coats held on deposit to whomever first paid the full purchase price. Fur Trappers’ was convicted of second-degree grand larceny, fined $5,000, and it appealed.
Rule of Law
Holding and Reasoning (Crane, J.)
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