City of New York v. . Fredericks
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1912, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New New York in favor of defendant. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1912, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New New York in favor of defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The provision of the ordinance prescribing a penalty for the sale of goods otherwise than by weight or measure implies a prohibition of such sales in any other way or manner. (Durgin v. Dyer, 68 Me. 143; Miller v. Post, 1…
1Opinion of the CourtWillard Bartlett, J.
This action was brought in the Municipal Court to recover a penalty of ten dollars for a violation of an ordinance of the city of New York, which reads as follows:
“No person shall sell or offer for sale in any market or in the public streets or in any other place in the City of New York, any fruits, vegetables, or berries in crates, baskets, or measures, or any butter in prints, or any ice or coal or other fuel at or for a greater weight or measure than the true measure thereof; and all ice, coal, coke, meats, poultry and provisions (except vegetables sold by the head or bunch) of every kind,…
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