 |
 |
 - |
| |
|
- |
State v Cohen
S. Ct. Minnesota, 1935
Author:- Sam Biers
Facts: The df had her fur coat taken to a furrier for repair. When she tried it on thereafter she refused to return it to the furrier or make payment for the repair. She claimed he ruined it.
Issue: Whether df can be found guilty of larceny of their own property if taken from someone holding a lien?
Holding: Yes.
Procedure: Conviction for grand larceny. Affirmed.
Rule: If personal property in the possession of one other than the general owner by virtue of some special right or title is taken from him by the general owner, such taking is larceny if it is done with the felonious intent to deprive such person of his rights, or of charging him with the value of the property.
Ct. Rationale: Df testified that furrier ruined her coat rather than enhancing its value. She thought that he had substituted an inferior fur for hers. She took possession b/c she was afraid the value of the coat would be utterly destroyed. The only value in issue was the value of the coat which df feloniously took and concealed. The furrier was entitled to possession until his lien was satisfied.
PL A: The df admitted taking the coat without paying for the value owed to the furrier.
Df A: The coat belonged by right and title to Df and therefore cannot equate into larceny.