Thompson v. Howe

By the Court, Parker, P. J.

This action was originally brought in a justice’s court, to recover a penalty against the defendant for supplying to a cheese manufactory skimmed milk and milk diluted with water, to be manufactured into cheese. In that court a judgment for more than fifty dollars was obtained. An appeal was taken to the county court, and upon' the trial of the action in that court, the plaintiffs were nonsuited, on the ground that they were not the proper parties to bring the action,

*288The act under which the penalty was incurred was as follows : “ Whoever shall knowingly sell, supply…