People v. Canadian Fur Trappers’ Corp.

Facts

Canadian Fur Trappers’ Corporation (Defendant), was a company located in Buffalo, New York, that sold fur coats to custimers 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. Defendant 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. Defendant had resold Stanley’s coat. It was later shown that the coat presented to Stanley had been previously sold to another customer. Defendant was charged with second-degree grand larceny. At trial, the prosecution attempted to show that it was the business of Defendant to instruct its employees to resell the coats held on deposit to whomever first paid the full purchase price. Defendant was convicted of second-degree grand larceny, fined $5,000, and it appealed.