State v. Joy
Vermont Supreme Court
549 A.2d 1033 (1988)
- Written by Kaitlin Pomeroy-Murphy, JD
Facts
Gailon Joy (defendant) was the president and only shareholder of a debt-collection agency called Credit Management Services Corporation (CMS). CMS contracted with businesses and credit institutions to collect debts for a percent of what was owed. CMS kept an account at Barre Bank for client funds and transactions and an account at Montpelier Bank for paying its expenses. In the early 1980s, CMS was suffering financially and began taking money from the Barre Bank account to cover its own expenses. In June 1981, Stacey Fuel and Lumber Company (Stacey) contracted with CMS to collect several debts. CMS received a $1,920.25 check from a Stacey debtor but kept the money and did not notify Stacey of its receipt. The relationship between Stacey and CMS ended in August 1982. Soon after, CMS filed bankruptcy, and Stacey received a notice that it was a listed creditor. Joy was charged and convicted of embezzlement for the Stacey transaction. Joy appealed, arguing that the trial judge committed error by instructing the jury that the intent to repay is not a defense to the crime of embezzlement.
Rule of Law
Issue
Holding and Reasoning (Dooley, J.)
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