People v. . Peterson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 21, 1919, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. A constitutional question has been raised as to the validity of section 41 of the Agricultural Law, as applied in this case. The People failed to prove a cause of action. (People v. Ginton, 210 N. Y. 1; People v. Arensberg, 105 N. Y. 123.)
1Opinion of the CourtCrane, J.
The Nucoa Butter Company, a corporation doing business at Soho Park in the state of New Jersey, manufactured a product known as Nucoa Nut Margarine which had an extensive sale throughout the states. Treat & Oglivie, commission merchants in' the city of Jamestown,' New York, received a consignment of this substance which was distributed in cartons containing one, two or five pounds respectively to their various customers. The defendant, Albert Peterson, of Jamestown, bought some of these cartons of margarine from Treat & Oglivie and resold them in his store. For this sale, by the defendant, of…
2Cases cited5 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- The People v. . MarxNew York Court of Appeals · 1885
- People v. . ArensbergNew York Court of Appeals · 1887
- Hammond Packing Co. v. MontanaSupreme Court of the United States · 1914
- People v. . GuitonNew York Court of Appeals · 1913
3Cited by1 opinion
- People v. TarlowAppellate Division of the Supreme Court of the State of New York · 1936