Legal Opinion

Verona Central Cheese Factory v. Murtaugh

New York Supreme Court

Decided February 15, 1871PublishedCited by 1 opinion

This was a motion by the plaintiff for a new trial, upon a case and exceptions, heard at General Term in the first instance.

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This was a motion by the plaintiff for a new trial, upon a case and exceptions, heard at General Term in the first instance. The action was brought by the plaintiff, as an incorporated cheese manufactory, and also as assignee of the patrons of such company, to recover penalties given by the act of 1865, chapter 361, which enacts, that, “Whoever shall knowingly sell, supply, or bring to be manufactured, to any cheese manufactory in this State, any milk diluted with water, or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as skimmed milk, or whoever…

1Opinion of the Court

By the Court

Johnson, J.

The' question before us- is* whether the case ought to have been submitted to the jury. The judge at the. circuit refused to. submit the case, to the jury, *21on the ground that the evidence was insufficient to warrant a verdict against the defendant.

The defendant was one of the plaintiff’s patrons, and furnished milk to the factory, with several other patrons. The action was brought to recover several penalties given by the 'act of 1865. (Sess. Laws of 1865, chap. 361.) The complaint in several counts charged that the defendant, on several occasions, in several months…

2Cases cited4 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
  3. Strong v. StebbinsNew York Supreme Court · 1825
  4. Monterey, Cooper's Plains, Painted Post & Corning Plank Road Co. v. FaulknerNew York Supreme Court · 1855

3Cited by1 opinion

  1. Sicolo v. Prudential Savings BankNew York Court of Appeals · 1959

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