Crall & Ostrander v. Commonwealth

Citations

• 103 Va. 855
• 49 S.E. 638
• 1905 Va. LEXIS 52

Syllabus

<p>1. Criminal Law — Peddlers—Corporations.-—A corporation may be punished criminally for peddling through the medium of an unlicensed agent. While a peddler’s license cannot issue to a corporation as such, it may take out license in the name of a designated agent, and such agent may lawfully peddle the goods of the principal.</p> <p>2. Criminal Law — Corporations—Illegal Business — Liability of Officers— Peddlers. — A corporation can only act through its officers and agents, and when the business itself involves a violation of the law, all who participate are liable. The Vice-President and General Manager of a corporation, in charge of its business, who knows that the subordinate agents of the company are peddling its goods without a license, may be punished criminally therefor, as for peddling without license. A principal is prima facie liable for the illegal acts of an agent done in the general course of an illegal business authorized by the principal, and if it be a misdemeanor he may be indicted without reference to the agent.</p> <p>3. Criminal Law — Peddlers—Sale—Lease.-—If goods are delivered and the title is to pass upon the payment of certain designated instalments of money, this constitutes a sale in contemplation of peddler’s act, although the transaction be denominated a lease, and the deferred payments be called rent.</p>