Legal Opinion

State v. Newton

Supreme Court of New Jersey

Decided June 15, 1888PublishedCited by 2 opinions

On certiorari to the Court of Quarter Sessions of Mercer ■county. In an action for a penalty of $100, under section 9 ■of “ An act to prevent deception in the sale of oleomargarine, butterine, or any imitation of dairy products, and to preserve the public health,” approved March 22d, 1886 (Pamph.

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On certiorari to the Court of Quarter Sessions of Mercer ■county. In an action for a penalty of $100, under section 9 ■of “ An act to prevent deception in the sale of oleomargarine, butterine, or any imitation of dairy products, and to preserve the public health,” approved March 22d, 1886 (Pamph. L., p. 107), and for violation of section 4 of that statute, which enacts “ that no person shall sell any oleomargarine, butterine, suine, or any substance in imitation or semblance of natural batter or cheese, or any substance that is rendered, made, manufactured or compounded out of any animal or…

1Opinion of the Court

The opinion of the court was delivered by

Scudder, J.

This statute does not prohibit the sale of oleomargarine, butterine, or any imitation of dairy products, and is therefore free from the objections that have been made against statutes in some other states, which have been entirely .prohibitory. It is intended merely to regulate the sale of such imitations, and thereby prevent deception. The main restriction is that full notice shall be given to every purchaser. *551The complaint made by the affidavit of a purchaser here is that the notice required by the statute was not given to him. It is…

2Cases cited5 opinions

  1. Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
  2. Palmer v. Conly & JohnsonNew York Supreme Court · 1847
  3. Commonwealth v. EvansMassachusetts Supreme Judicial Court · 1882
  4. Ingersoll v. SkinnerCourt for the Trial of Impeachments and Correction of Errors · 1845
  5. Warren v. DoolittleCourt for the Trial of Impeachments and Correction of Errors · 1825

3Cited by2 opinions

  1. United States v. Southern Ry. Co.District Court, S.D. Illinois · 1905
  2. In Re CaspersonCalifornia Court of Appeal · 1945

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