E. Fougera & Co. v. City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 21, 1917, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCardozo, J.
In a controversy submitted on an agreed statement of facts, judgment has been rendered permanently enjoining the enforcement of sections 116 and 117 of the Sanitary Code adopted by the board of health of the city of New York.
Those sections provide in substance that there shall be no sale of patent or proprietary medicines in the city of New York unless “ the names of the ingredients of every such medicine to which the therapeutic effects claimed are attributed, and the names of all other ingredients except such as are physiologically inactive, shall be registered in the department of health.”…
2Cases cited33 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Savage v. JonesSupreme Court of the United States · 1912
- Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
- Hall v. Geiger-Jones Co.Supreme Court of the United States · 1917
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3Cited by33 opinions
- United States v. KahrigerSupreme Court of the United States · 1953
- Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- In re Daniel C.Appellate Division of the Supreme Court of the State of New York · 1984
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