Friedgood v. Kline
New York Supreme Court
Appeal from a judgment in favor of defendant, entered in the Municipal Court of the city of ¡New York, eighth district, borough of Manhattan.
1Opinion of the CourtBijur, J.
Plaintiff, a retailer, bought from defendant, a wholesaler, vinegar in bottles labeled “ Pure Older Vinegar.” In fact it was adulterated. Plaintiff sold one of these bottles, and was, in an action brought by the State, fined $100 penalty, and $20 costs for a violation of the “ Pure Food Law.” The present action is brought to recover the amount of this fine and costs, pins $25 counsel fees incurred in defending the previous action.
The judgment below in favor of defendant was rendered on the theory that the damages were not within the contem*429plation of the parties, that the cause of action arose…
2Cases cited3 opinions
- Whitney v. . the National Bank of PotsdamNew York Court of Appeals · 1871
- Hecla Powder Co. v. Sigua Iron Co.New York Supreme Court · 1895
- Charman v. HibblerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Abounader v. Strohmeyer & Arpe Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Rossano v. KaminskyAppellate Terms of the Supreme Court of New York · 1912