People v. . Briggs
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. This action was brought by the dairy commissioner under the act (Chap. 183, Laws of 1885, § 19), to recover the penalty there fixed for alleged violations of sections 7 and 8 of the act.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. This action was brought by the dairy commissioner under the act (Chap. 183, Laws of 1885, § 19), to recover the penalty there fixed for alleged violations of sections 7 and 8 of the act. The material facts are stated in the opinion. In an action for a penalty, by the state, under a criminal statute, the evidence for the People must…
1Opinion of the CourtBradley, J.
The right to maintain this action is dependent upon the statute, which, at the time in question, provided that no" person “ shall render or manufacture out of any animal fat or animal or vegetable oils not produced from unadulterated milk or cream from the same, any article or product in imitation or semblance of or designed to take the place of natural butter or cheese produced from pure, unadulterated milk or cream of the same, nor shall he * * * mix, compound with, or add to milk, cream or butter, any acids or other deleterious substance or any animal fats or animal or vegetable oils not…
2Cases cited9 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- People v. . ArensbergNew York Court of Appeals · 1887
- New York and Brooklyn Ferry Company v. . MooreNew York Court of Appeals · 1886
- Potter v. DeyoNew York Supreme Court · 1838
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3Cited by40 opinions
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- United States v. ReganSupreme Court of the United States · 1914
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- Rowell v. . JanvrinNew York Court of Appeals · 1896
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