People v. Hodnet
New York Supreme Court
Appeal from special term, Erie county. > Action by Patrick J. Sutley, as assistant to the dairy commissioner, in the name of the people, against' Edward Hodnet, to recover a penalty for selling adulterated milk.
Read the full summary
Appeal from special term, Erie county. > Action by Patrick J. Sutley, as assistant to the dairy commissioner, in the name of the people, against' Edward Hodnet, to recover a penalty for selling adulterated milk. There was a verdict in favor of defendant, and plaintiffs’ motion for a new trial on exceptions, ordered to be heard at general term in the first instance, was denied, and judgment was ordered for defendant on the verdict. 22 N. Y. Supp. 809. Afterwards, defendant moved to have the county of Allegany charged with the costs awarded to him in the action. The motion was denied, and…
1Opinion of the CourtBradley, J.
In this action, prosecuted by one of the assistants of the state dairy commissioner, the defendant was charged with bringing to the Film ore Cheese Factory, in Allegany county, adulterated and impure milk, to be made into cheese, in violation of the “Act to prevent deception in the sale of dairy products and to preserve the public health.” Laws, 1885, c. 183. The trial resulted in a verdict for the defendant, and a judgment in his favor for costs. He seeks to have his costs awarded against the county of Allegany, pursuant to the statute which provides that in actions brought in the name of…
2Cases cited2 opinions
- People v. . AldenNew York Court of Appeals · 1889
- People v. SmithNew York Supreme Court · 1892
3Cited by1 opinion
- People v. Three Barrels Full, Two Barrels Full, Three Five Gallon Jugs & Two Five Gallon Jugs, Part FullAppellate Division of the Supreme Court of the State of New York · 1922