Legal Opinion

French Silver Dragée Co. v. United States

Court of Appeals for the Second Circuit

Decided June 14, 1910No. 307PublishedCited by 3 opinions

In Error to the Circuit Court of the United States for the Southern District of 'New York. The French Silver Dragée Company was convicted of violating the pure food act, and it brings error. Writ of error to review a judgment convicting the plaintiff in error (hereinafter called the defendant) of a violation of Act June 30, 1906, c. 3915, 34 Stat. 768 (U. S. Comp.

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In Error to the Circuit Court of the United States for the Southern District of 'New York. The French Silver Dragée Company was convicted of violating the pure food act, and it brings error. Writ of error to review a judgment convicting the plaintiff in error (hereinafter called the defendant) of a violation of Act June 30, 1906, c. 3915, 34 Stat. 768 (U. S. Comp. St. Supp. 1909, p. 1187), known as the “Pure Food Act.” .The indictment alleged the interstate shipment of a quantity of confectionery claimed to be adulterated, in that it contained “a certain mineral substance, to wit, metallic…

1Opinion of the CourtNoyes, Circuit Judge

(after stating the facts as above). In interpreting the provisions of the act now in question — the pure food act — it is of importance to ascertain at the outset the objects which Congress sought to accomplish by its enactment and the evils intended to be remedied by it. If we go outside the act itself, and consider the circumstances surrounding its adoption, we find a congressional committee report urging that the objects of the bill were:(1) To protect the purchaser of food products from being deceived and cheated by having inferior and different articles passed off upon him in place of…

2Cases cited2 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. Gundling v. City of ChicagoIllinois Supreme Court · 1898

3Cited by3 opinions

  1. Lexington Mill & Elevator Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1913
  2. United States v. R. C. Boeckel & Co.Court of Appeals for the First Circuit · 1915
  3. United States v. William H. Rorer, Inc.District Court, E.D. Pennsylvania · 1936

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