People v. Laesser
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 28th day of January, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, The People of the State of New York, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 28th day of January, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1902, denying the plaintiff’s motion for a new trial made upon the minutes. In this action to recover a penalty for selling adulterated milk it appeared that at the time the samples of milk were taken, there was, in addition to the ten-quart can from…
1Dissent
McLennan, J. (dissenting):
It seems to me that the decision of this court in the case of People v. Wiard (61 App. Div. 612; affd., 170 N. Y. 590) furnishes the rule of law applicable to the case at bar, and should be regarded as controlling upon this court and as decisive of this case. The rule laid down in the Wiard Gase (supra) was stated in the following language, namely: “ Held, that the analysis of a sample of milk taken from only part of the product delivered by the producer at any one time to a single purchaser, will not afford a basis for an action for a penalty under the Agricultural…
2Cases cited2 opinions
- People v. WiardAppellate Division of the Supreme Court of the State of New York · 1901
- People v. . WiardNew York Court of Appeals · 1902