Legal Opinion

People ex rel. Appel v. Zimmerman

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 17 opinions

' Appeal by the defendant, Michael J. Zimmerman, captain of police of the city of Rochester, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 6tli day of August, 1904, discharging the relator from the custody of the defendant.

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' Appeal by the defendant, Michael J. Zimmerman, captain of police of the city of Rochester, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 6tli day of August, 1904, discharging the relator from the custody of the defendant. The relator was arrested by the defendant, a captain of police of ' the city of Rochester, August 8, 1904, charged with having committed a misdemeanor in selling smoking tobacco in a package containing a coupon ticket or trading stamp, in violation of chapter 657 of the Laws of 1904…

1Opinion of the Court

Spring, J.:

The relator is a retail dealer of tobacco in the city of Rochester. On the 26th day of May, 1904, and before the act complained of became operative, he purchased of EL P. Brewster, a wholesale dealer of tobacco in said city, the tobacco which he sold to one Nolan on July 6, 1904, resulting in his arrest. The tobacco was shipped to said Brewster by the American Tobacco Company, a foreign corporation engaged in the manufacture of' tobacco. It was *105put up in a cloth bag containing one and two-thirds ounces. The package was closed at the top with a string, and pasted over it was an…

2Cases cited11 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Matter of Application of JacobsNew York Court of Appeals · 1885
  3. People v. . GillsonNew York Court of Appeals · 1888
  4. The People v. . MarxNew York Court of Appeals · 1885
  5. People v. . GirardNew York Court of Appeals · 1895

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3Cited by17 opinions

  1. People v. VictorMichigan Supreme Court · 1939
  2. Ex Parte DrexelCalifornia Supreme Court · 1905
  3. State v. HoltgreveUtah Supreme Court · 1921
  4. Sperry & Hutchinson Co. v. HoeghSupreme Court of Iowa · 1954
  5. Steffey v. City of CasperWyoming Supreme Court · 1961

12 more not listed; retrieve them via the Exa API.

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