City of New York v. Sulzberger & Sons Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court, city of New York, borough of Brooklyn, sixth district. The action was originally brought to recover $400 for violations of ordinances described by indorsement on the summons as follows: “Nature of Violation, offering for sale and delivery in Brooklyn, N. Y., 62 lbs. pork—one pound short.”
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Appeal from a judgment of the Municipal Court, city of New York, borough of Brooklyn, sixth district. The action was originally brought to recover $400 for violations of ordinances described by indorsement on the summons as follows: “Nature of Violation, offering for sale and delivery in Brooklyn, N. Y., 62 lbs. pork—one pound short.” Upon the trial it was stipulated that the action be “ discontinued as to all except the single penalty of one hundred dollars, covering the transaction of the sale of one box, consisting of four pork loins, which the defendant charged to the complainant at…
1Opinion of the CourtKelby, J.
The city of New York sued for and has recovered a penalty of $100 dollars for violation oi one of its ordinances, which reads as follows:
“ § 388. No person shall sell or offer for sale any commodity or article of merchandise in any market or in the public streets or in any other place in The City of New York, at or for a greater weight or measure than the true measure or weight thereof; and all ice, coal, coke, meats, poultry, butter and butter in prints, provisions, and all other commodities and articles of merchandise (except vegetables sold by the head or bunch) sold in the streets or…
2Cases cited2 opinions
- City of New York v. . FredericksNew York Court of Appeals · 1912
- People v. . Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1912
3Cited by4 opinions
- City of Seattle v. YocumWashington Supreme Court · 1917
- Commonwealth v. Armour & Co.Philadelphia County Court of Quarter Sessions · 1937
- Emerald Packing Corp. v. Hygrade Food Products Corp.City of New York Municipal Court · 1959
- People v. Armour & Co.Appellate Division of the Supreme Court of the State of New York · 1916