United States v. Wilson
| Decision Date | 13 June 1932 |
| Docket Number | No. 42175.,42175. |
| Citation | 59 F.2d 97 |
| Parties | UNITED STATES v. WILSON et al. |
| Court | U.S. District Court — Western District of Washington |
Anthony Savage, U. S. Atty., and Cameron Sherwood, Asst. U. S. Atty., both of Seattle, Wash.
John J. Sullivan, of Seattle, Wash., for defendants Cathro and Consumers' Compressed Yeast Co.
NETERER, District Judge (after stating the facts as above).
A partner or a principal is not liable for the criminal acts of his associates, or of the agent, unless within the scope of the business or employment (8 R. C. L. 27); nor does mere relation of principal and agent or partnership, of itself, make the partner or principal liable for the criminal act of the associate or agent (16 Corpus Juris, 23); but, where the agent is employed to sell a compound containing qualities and substances designed or intended for use in the manufacture of alcoholic liquors, or is popularly known to contain such qualities and is used for the purpose, the principal must see that such compound is sold by the agent in harmony with, and not antagonistic to, or against, the sovereign will. The sovereign will or national law enters into and becomes a part of the contract of agency and employment, and the principal is bound to know the properties and elements of the article sold, and that it is not sold for the purpose of transgressing the sovereign will.
The defendant knew the law, and it may not circumvent its liability by issuing rules of restricted conduct to its agents; that is not enough. And, if the agent is directed to sell a compound designed or intended for use in the manufacture of alcoholic liquors, and participates in the carrying forward of the unlawful purpose, the corporation is guilty, even though the commodity may be used in lawful enterprise as well. Danovitz v. United States, 281 U. S. 389, 50 S. Ct. 344, 345, 74 L. Ed. 923. Where a defendant has knowledge that another is promoting a violation of the prohibition law and in need of materials for furthering the enterprise, and such defendant, with such knowledge, furnishes the necessary materials for the purpose of forwarding the unlawful purpose, making it possible to accomplish the unlawful act, he is guilty. Pattis v. U. S., 17 F.(2d) 562 (9th C. C. A.); Justice Holmes, for the court, in Danovitz v. United States, supra, said: "As the purpose of the Prohibition Act was to `suppress the entire traffic' condemned by the act, United States v. Katz, 271 U. S. 354, 357, 46 S.Ct. 513, 70 L. Ed. 986; Donnelley v. United...
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...2 Cir., 1929, 31 F.2d 229, at page 233; White Bear Theatre Corp. v. State Theatre Corp., 8 Cir., 1942, 129 F.2d 600; United States v. Wilson, D. C.W.D.Wash.1932, 59 F.2d 97; Zito v. United States, 7 Cir., 1933, 64 F.2d 772, and see Nash v. United States, 1913, 229 U.S. 373, at page 379, 33 ......
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United States v. Food and Grocery Bureau of So. Cal., 14952-Y.
...and the like, where from the mere fact that the agent is about the business of the principal, consent is implied. See United States v. Wilson, D.C.Wash.1932, 59 F.2d 97. We are dealing with offenses which require a specific intent or intention to their completion. In these cases, unless the......
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In re Mifflin Chemical Corporation
...to give my reasons for rejecting some of the findings of fact and to form a factual basis for my legal conclusion. In United States v. Wilson, et al., D.C., 59 F.2d 97, Cathro, sales agent for a yeast company, sold yeast to Wilson knowing that Wilson was engaged in the illicit manufacture o......
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Holland Furnace Co. v. United States
...to engage the corporation in a criminal transaction." Our impression from the opinion of District Judge Neterer in United States v. Wilson, D.C.W.D.Wash., 59 F.2d 97, 98, is that it was obvious to him from the evidence that the defendant corporation had knowledge of the unlawful purpose to ......