Legal Opinion

Commonwealth v. Holt

Massachusetts Supreme Judicial Court

Decided January 7, 1888PublishedCited by 3 opinions

Complaint alleging that the defendant, on April 23, 1887, “ did sell to Robert Rooney one pint of milk not of good standard quality; that is to say, milk containing less than thirteen per cent of milk solids.”

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Complaint alleging that the defendant, on April 23, 1887, “ did sell to Robert Rooney one pint of milk not of good standard quality; that is to say, milk containing less than thirteen per cent of milk solids.” Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: The defendant made a special contract with the wife of Rooney, by which he was to deliver to her each day one quart of the milk of one dairy, and fulfilled his part of the contract. On April 23, 1887, after the milk had been delivered, Rooney, without any notice of his intention…

1Opinion of the CourtField, J.

The St. of 1886, c. 318, § 2, prohibits, under a penalty, the sale of milk which is not of good standard quality, and the alleged contract was immaterial. Indeed, the contract would be held to mean that the milk delivered should be such as could lawfully be bought and sold. The testimony of the milk inspector to the results of the analysis was properly received in *40evidence. The milk was delivered to the inspector for analysis by the purchaser of the milk, and was not taken from the possession of the defendant, pursuant to the St. of 1886, c. 318, § 1.

In cases where the milk analyzed has not…

2Cases cited1 opinion

  1. Commonwealth v. SpearMassachusetts Supreme Judicial Court · 1887

3Cited by3 opinions

  1. Commonwealth v. HuntleyMassachusetts Supreme Judicial Court · 1892
  2. Commonwealth v. ColemanMassachusetts Supreme Judicial Court · 1892
  3. People v. FerrarisSupreme Court of Puerto Rico · 1909

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