United States Condensed Milk Co. v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the United States Condensed Milk Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the ( county of Ulster on the 7th day o.f Hay, 1906, after, a trial at the Ulster Trial Term, This action is brought by the plaintiff to recover penalties allowed by the law by reason of the defendants having in their. possession ninety-three milk cans which belonged to the plaintiff and which ■ liad the…
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Appeal by the plaintiff, the United States Condensed Milk Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the ( county of Ulster on the 7th day o.f Hay, 1906, after, a trial at the Ulster Trial Term, This action is brought by the plaintiff to recover penalties allowed by the law by reason of the defendants having in their. possession ninety-three milk cans which belonged to the plaintiff and which ■ liad the initials of .the plaintiff thereon. The' jury found the fact for the plaintiff and by agreement of counsel the question as…
1Opinion of the Court
Smith, J.:
The/original enactment of the Legislature in regard to penalties , for unlawful use .of - milk cans, is found in chapter 295 of the Laws óf 1865. The material part of said, act is as follows: “ Any person offending, against .the provisions ■ hereof shall be liable to a penalty of twenty-five dollars for each and every milk can so taken, tised, sold, disposed of, bought Or trafficked in for the first offense, and fifty dollars for, each and every milk can so used, sold, dis-. posed of, bought or trafficked in. for every subsequent offense; to-be sued for and collected in the name of…
2Cases cited2 opinions
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- McAvoy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by6 opinions
- London v. Everett H. Dunbar Corp.Court of Appeals for the First Circuit · 1910
- State Board of Pharmacy v. BellingerAppellate Division of the Supreme Court of the State of New York · 1910
- Consolidated Mutual Insurance v. KeepnewsAppellate Division of the Supreme Court of the State of New York · 1976
- People v. AbramsonAppellate Division of the Supreme Court of the State of New York · 1911
- People v. Albion Cider & Vinegar Co.Appellate Division of the Supreme Court of the State of New York · 1909
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