Rex v. Chisser
English Court - 1678
Facts:
- D entered Charteris's shop and asked to see two crevats. The owner gave them to D to look at and told him the price.
- D offered to pay less than half of the asked price, put down the money, and then ran out of the shop.
- D charged with larceny.
Procedural History:
Issues:
- Does the taking of goods from a shop without full payment and without the permission of the owner constitute larceny?
Holding/Rule:
- The taking of goods from a shop without full payment and without the permission of the owner constitutes larceny.
Reasoning:
- When the shop owner gave D the items, they were not out of the shop owner's possession. They would not be until the full contract price had been paid.
- When D ran away with the goods, it was as if he had taken them from the store and ran away with them.
- D had physical possession of the goods while the shop owner retained constructive possession of the goods.
Dissent:
Notes:
- A bailee is not allowed to steal from his parcel even though he has both physical and constructive possession of the goods.
