City of New York v. Fredericks
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of New York, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 30th day of June, 1911, affirming a judgment: of the Municipal Court of the city of New York in favor of the defendant, entered in the office of the clerk of said court on the 6th day of March, 1911, Upon the dismissal of the complaint.
1Opinion of the Court
Ingraham, P. J.:
The defendant was in business in the city of New York, engaged in selling provisions. On June 23, 1910, an inspector in the department of weights and measures called at the defendant’s place of business and asked for a pound jar of bacon. The defendant said he did not sell it by the pound but by the jar, and then handed the inspector a jar for which the inspector paid the defendant thirty cents. After this testimony and the introduction of an ordinance of the city of New York the parties rested, and the plaintiff asked for a judgment against the defendant for ten dollars as a…
2Cases cited2 opinions
- Health Department v. . KnollNew York Court of Appeals · 1877
- House v. LowNew York Supreme Court · 1807
3Cited by2 opinions
- City of New York v. Wilkinson Bros. & Co.Appellate Division of the Supreme Court of the State of New York · 1912
- People v. Armour & Co.Appellate Division of the Supreme Court of the State of New York · 1916