Legal Opinion

United States v. Morgan

Supreme Court of the United States

Decided December 18, 1911No. 463PublishedCited by 62 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The defendants maintained an establishment in New York where, after filtering Croton water drawn from the city pipes, adding mineral salts' and changing it with carbonic acid, the water was bottled and sold as “Imperial Spring Water.” In October, 1908, a food and drug inspector applied to a druggist in Newark, New Jersey, for several bottles of this water.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The defendants maintained an establishment in New York where, after filtering Croton water drawn from the city pipes, adding mineral salts' and changing it with carbonic acid, the water was bottled and sold as “Imperial Spring Water.” In October, 1908, a food and drug inspector applied to a druggist in Newark, New Jersey, for several bottles of this water. The druggist, not having them in stock, ordered them from the defendants, who shipped them from New York to the druggist in Newark. He delivered them to…

1Opinion of the CourtJustice Lamar

The Federal courts have not agreed as to the effect of the provision for notice and: hearing found in § 4 of the Pure Food and Drug Act of June 30, 1906, 34 Stat. L. 768, c. 3915. United States v. Barrels Olives, 179 Fed. Rep. 983. United States v. Cases of Grape Juice, 189 Fed. Rep. 331. Whether it confers a right upon the defendant, or results in imposing a duty upon the district attorney, can be determined by a brief examination of a few of the provisions of the act.

Under the Pure Food Law not only , a manufacturer, but any dealer, shipping adulterated or misbranded goods in interstate…

2Cited by62 opinions

  1. United States v. DotterweichSupreme Court of the United States · 1943
  2. Albrecht v. United StatesSupreme Court of the United States · 1927
  3. Cooper v. O'CONNORCourt of Appeals for the D.C. Circuit · 1938
  4. United States v. Palumbo Brothers, Inc.Court of Appeals for the Seventh Circuit · 1998
  5. Atlantic Richfield Company v. United States Department of EnergyCourt of Appeals for the D.C. Circuit · 1985

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