People v. Thompson & Potter, Inc.

The defendant was convicted by the trial court of having in his possession three bags of oysters received from a shipper who was not registered with the Department of Health as an approved shipper of shellfish into the city of New York. (Sanitary Code of the City of New York, § 164, subd. 2.) The Appellate Division reversed, upon questions of law, and dismissed the information.

Section 164 (subd. 2) of the Sanitary Code of the City of New York (Baldwin’s New York Code of Ordinances, 1937 ed., p. 439) provides as follows: “ (2) No dealer in shellfish or other foods shall

purchase or have in his…