People v. Shoemaker

This is an action to recover a penalty for an alleged violation of certain provisions of the Agriculture and Markets Law. It is before the court on a motion for a judgment upon the pleadings for the plaintiff upon the ground that the defendant’s answer does not state a legal defense to plaintiff’s cause of action. The Dairymen’s League Co-operative Association, Inc. (hereinafter called the association), being interested in the outcome of the litigation, was represented by counsel, who submitted a brief.

The defendant is a retail milk dealer in the city of Buffalo, N. Y., and he is accused of…