Chenango County Humane Society v. Polmatier
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Percy A. Polmatier, as administrator c. t. a., from a judgment of the County Court of Chenango county, entered in the office of the clerk of said county on the 24th day of October, 1918, affirming a judgment of the City Court of Norwich in plaintiff’s favor, and also from an order entered in said clerk’s office on or about the same day affirming said City Court judgment.
1Opinion of the Court
Cochrane, J.:
The deceased was the owner of a farm and had twenty cows thereon. A tenant was in possession of the farm and cows. Through the fault of the owner or tenant or both the cows were insufficiently supplied with food. A representative of the plaintiff went to the barn on the premises where the cows were being kept and supplied them with food. For the reasonable value of such food a judgment herein has been recovered.
Plaintiff bases its action on the following provision of the Penal Law:
“ § 187. Failure to provide proper food and drink to impounded animal. A person who, having…
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