Legal Opinion

State Board of Pharmacy v. . Matthews

New York Court of Appeals

Decided January 25, 1910PublishedCited by 23 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1907, which affirmed a determination of the Appellate Term reversing a judgment in favor of defendants entered upon' a decision of the Municipal Court of the city of New York, and directed final judgment 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 November 8, 1907, which affirmed a determination of the Appellate Term reversing a judgment in favor of defendants entered upon' a decision of the Municipal Court of the city of New York, and directed final judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. There is no proof that tincture of iodine, tincture of arnica and spirits of camphor are not within the exceptions established by the statute, or…

1Opinion of the CourtWillard Bartlett, J.

This action was instituted in the Municipal Court of the city of yew York and was brought to recover three penalties under the Pharmacy Law (L. 1900, chap. 667.) The pleadings were oral. The appeal book recites that the plaintiff brought the action “ for penalties under Chapter 667, Laws of 1900, sections 194, 199, 200 and 201, and the .said defendant answered as follows: General denial; demand bill particulars.”

The bill of particulars discloses the precise character of the plaintiff’s claim. It specifies three causes of action : (1) That on March 5th, 1906, Florence Smith, a person not…

2Cases cited5 opinions

  1. Noel v. PeopleIllinois Supreme Court · 1900
  2. State v. DonaldsonSupreme Court of Minnesota · 1889
  3. State v. Ah ChewNevada Supreme Court · 1881
  4. State v. HeinemannWisconsin Supreme Court · 1891
  5. People v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by23 opinions

  1. Fevold v. Board of SupervisorsSupreme Court of Iowa · 1926
  2. E. Fougera & Co. v. City of New YorkNew York Court of Appeals · 1918
  3. State v. ChildsArizona Supreme Court · 1927
  4. State v. . BakerSupreme Court of North Carolina · 1948
  5. State v. ZotalisSupreme Court of Minnesota · 1927

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