Health Dep't of N.Y. v. . Purdon
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made December 1, 1884, which affirmed a judgment in favor of defendants, entered ujDon a decision of the court on -trial at Special Term. (Reported below, 19 J. & S., 109.) This action was brought to restrain defendants from selling certain packages of teas known as “ Pingsueys teas.” The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made December 1, 1884, which affirmed a judgment in favor of defendants, entered ujDon a decision of the court on -trial at Special Term. (Reported below, 19 J. & S., 109.) This action was brought to restrain defendants from selling certain packages of teas known as “ Pingsueys teas.” The facts, so far as material, are stated in the opinion. There was a clear legal right to the remedy of injunction in this case, and the judgment of the court below is reviewable here. (People, ex rel.…
1Opinion of the Court
Ruger, Ch. J.
The fact that the teas, the sale of which this action was brought to restrain, were adulterated, and that their possession for the purpose of sale to the general public was a nuisance subjecting the offenders to an indictment, and in case of sale, to actions for penalties for selling adulterated goods, cannot be successfully controverted; and yet this fact alone is insufficient to support the action. The plaintiffs have thereby established but oue of the elements necessary to entitle them to the relief demanded. Courts will not in all cases interfere by way of injunction to…
2Cited by10 opinions
- People Ex Rel. Bennett v. LamanNew York Court of Appeals · 1938
- Wormser v. . BrownNew York Court of Appeals · 1896
- Barnard v. SherleyIndiana Supreme Court · 1893
- Israel v. . Manhattan Railway Co.New York Court of Appeals · 1899
- Coleman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
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