People v. . Schmidt
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1915, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1915, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. Does the Agricultural Law of the state of New York apply to foreign foodstuffs ? If it does expressly or impliedly embrace foodstuffs imported from foreign countries it is to that extent invalid. (Brown v. State of Maryland,…
1Opinion of the CourtPound, J.
This is an action to recover a penalty for the sale of adulterated vinegar in violation of section 70 of the Agricultural Law. The adulteration consisted in the introduction of harmless artificial coloring matter, and the sale was by a retailer of a bottle bought by him from the wholesaler who imported the vinegar in barrels and cases. That the sale of vinegar containing artificial coloring matter not injurious to health may be prohibited by the state was held in People v. Girard (145 N. Y. 105), but it is urged that this prohibition cannot, under the provisions of the Constitution of the…
2Cases cited7 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- New York Ex Rel. Silz v. HesterbergSupreme Court of the United States · 1908
- People v. . GirardNew York Court of Appeals · 1895
- People v. . Buffalo Fish Co.New York Court of Appeals · 1900
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3Cited by5 opinions
- Byas v. Hotel Bentley, Inc.Supreme Court of Louisiana · 1924
- E. Fougera & Co. v. City of New YorkNew York Court of Appeals · 1918
- Department of Farms & Markets v. Swift & Co.New York Supreme Court · 1918
- People v. Learnard, New York County Courts1952
- People v. Sterling Amherst Farms Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 1943