People v. . Guiton
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 26, 1912, reversing a judgment in favor of the defendants entered upon a dismissal of the complaint by the court on trial at Trial Term, a jury having been waived. The appellants have given a stipulation for judgment absolute upon affirmance, as provided in section 1337 of the Code of Civil Procedure.
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Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 26, 1912, reversing a judgment in favor of the defendants entered upon a dismissal of the complaint by the court on trial at Trial Term, a jury having been waived. The appellants have given a stipulation for judgment absolute upon affirmance, as provided in section 1337 of the Code of Civil Procedure. The nature of the action and the facts, so far as material, are .stated in the opinion.
1Opinion of the Court
Collin, J.:
This action, instituted by the Commissioner of Agriculture of the State, is to recover from the defendants, constituting a mercantile firm, a penalty for a sale of oleomargarine, alleged to have been manufactured in imitation or semblance of natural butter, in contravention of section 38 of the Agricultural Law (Consol. Laws, chap. 1; Laws of 1909, chap. 9, secs. 30, 38). The decision of the trial court directed, under the findings of fact and conclusions of law, the judgment dismissing the complaint on the merits, which was reversed by the Appellate Division in the order appealed…
2Cases cited7 opinions
- Schollenberger v. PennsylvaniaSupreme Court of the United States · 1898
- The People v. . MarxNew York Court of Appeals · 1885
- People v. . ArensbergNew York Court of Appeals · 1887
- People v. . GirardNew York Court of Appeals · 1895
- People v. . LuhrsNew York Court of Appeals · 1909
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3Cited by5 opinions
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- Aeration Processes, Inc. v. Commissioner of Public HealthMassachusetts Supreme Judicial Court · 1963
- Hill Packing Co. v. City of New YorkNew York Supreme Court · 1944
- People v. . PetersonNew York Court of Appeals · 1921
- People v. Excelsior Bottling Works, Inc.New York Court of Special Session · 1916