People v. Armour & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Armour & Company, from a judgment of the Court of Special Sessions of the city of Yonkers, rendered against it on the 6th day of March, 1916, convicting it of a violation of the General Business Law, and also from a judgment and order of the County Court of Westchester county, entered in the office of the clerk of said county on the 17th day of August, 1916, affirming said judgment of the Court of Special Sessions.
1Opinion of the Court
.Thomas, J.:
The defendant at Yonkers sold to a person bacon in a wrapper placed around it at Chicago, 111. The wrapped article was correctly weighed in the purchaser’s presence and that of the local sealer of weights and measures, and the payment accorded with the true gross weight. Nothing denoting weight appeared on the wrapper, but the purchaser knew that he was getting what he sought and was not deceived. In brief, the whole matter was arranged for a test case. Hence, the question of immediate fraud is absent, while actual agreement in what was done is implied. The inquiry, then, is…
2Cases cited5 opinions
- Armour & Co. v. North DakotaSupreme Court of the United States · 1916
- City of New York v. . FredericksNew York Court of Appeals · 1912
- City of New York v. Sulzberger & Sons Co.Appellate Terms of the Supreme Court of New York · 1913
- City of New York v. FredericksAppellate Division of the Supreme Court of the State of New York · 1912
- City of New York v. Wilkinson Bros. & Co.Appellate Division of the Supreme Court of the State of New York · 1912