People v. . Spencer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9,1909, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in giving judgment for more than one penalty. The judgment for fifteen penalties was cumulative and improper.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9,1909, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in giving judgment for more than one penalty. The judgment for fifteen penalties was cumulative and improper. (Sturges v. Spofford, 45 P. Y. 446; People v. McDermott-Bunger Co., 38 Misc. Rep. 365 ; People v. Wright, 19 Misc. Rep. 135 ; People v. Kellina, 23 Misc. Rep. 134; Cox v. Paul,…
1Opinion of the CourtGray, J.
This appeal is from the affirmance by the Appellate Division, in the fourth judicial department, of a judgment entered against the defendants for fifteen penalties of $100 each, adjudged to have been incurred by reason of violations of the Agricultural Law of the state. (Laws of 1893, chap. 338.) The affirmance below was by a divided court; the divergence in opinion being upon the question of the right of the People to recover aggregated, or cumulative, penalties. As to other questions, I think that they have been satisfactorily disposed of in the opinion of the Appellate Division and that we…
2Cases cited2 opinions
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- People v. . GirardNew York Court of Appeals · 1895
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- Oriental Boulevard Co. v. HellerNew York Court of Appeals · 1970
- Ward v. BochinoNew York Supreme Court · 1944
- People v. DjekichCalifornia Court of Appeal · 1991
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