Legal Opinion

People v. Abramson

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1910Published

Appeal by the defendants, Nathan Abramson and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county.of Delaware on the 21st day of September, 1909, upon the decision of the court, rendered after a trial at the Broome Special Term, overruling the defendants’ demurrer to the complaint.

1Opinion of the Court

Houghton, J.:

The action is to recover the penalties prescribed by section 37 of the Agricultural Law (Laws of 1893, chap. 338, as amd. by Laws of 1901, chap. 656) for the sale of impure milk.

The complaint sets forth thirteen separate causes of action and alleges that on each of the days from October 15 to October 21, 1908, the defendants sold to separate individuals a specified number of cans of milk from which- the cream had been removed, without marking such cans as skimmed, milk.

The defendants demurred to each separate cause of action on the ground.that sufficient facts were not alleged to…

2Cases cited6 opinions

  1. St. John v. New YorkSupreme Court of the United States · 1906
  2. People v. . BowenNew York Court of Appeals · 1905
  3. People v. Niagara Fruit Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. People v. . Niagara Fruit CompanyNew York Court of Appeals · 1903
  5. People v. KosterAppellate Division of the Supreme Court of the State of New York · 1907

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