Legal Opinion

People v. Koch

Appellate Terms of the Supreme Court of New York

Decided March 15, 1897PublishedCited by 5 opinions

Appeal from judgment rendered by the justice of the Ninth Judicial District Court, in favor of the defendant. Action to recover a penalty under the “Agricultural Law/’ chapter 388, Laws of 1893.

1Opinion of the CourtDaly, P. J.

The defendant is a wholesale milk dealer, buying and selling milk^ and has no place of business, but takes the milk, which he buys, from the railroad depot in cans, in his wagon and delivers it to his regular customers in the city. It was while he was thus delivering twenty-three cans of milk, in the early morning Of August 18, 1896, that he was stopped by an inspector and a sample of milk was taken from one of his cans. This sample was analyzed by a competent, chemist and found to be impure. Being sued for the penalty imposed by statute upon one who' “ offers or exposes for sale ” impure…

2Cited by5 opinions

  1. Wickham v. LevineNew York Supreme Court · 1965
  2. People v. Jacob Branfman & Son, Inc.New York City Magistrates' Court · 1933
  3. People v. KellinaAppellate Terms of the Supreme Court of New York · 1898
  4. People v. McDermott Dairy Co.Appellate Terms of the Supreme Court of New York · 1910
  5. People v. KellinaNew York Supreme Court · 1898

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