People v. . Gillson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court m the third judicial department, entered upon an order made ¡November 15, 1887, which affirmed a judgment of the Court of Special Sessions of the city of Albany, entered upon a verdict convicting defendant of a misdemeanor in violating section 335a of the Renal Code. The material facts are stated in the opinion. There is no analogy between defendant’s business and the trade in intoxicating liquors.
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Appeal from judgment of the General Term of the Supreme Court m the third judicial department, entered upon an order made ¡November 15, 1887, which affirmed a judgment of the Court of Special Sessions of the city of Albany, entered upon a verdict convicting defendant of a misdemeanor in violating section 335a of the Renal Code. The material facts are stated in the opinion. There is no analogy between defendant’s business and the trade in intoxicating liquors. (Berthof v. O'Reilly, 74 N. Y. 517; Wynehamer v. People, 13 id. 378 ; Metropolitan Board v. Barrie, 34 id. 657; In re Jacobs, 98 id.…
1Opinion of the CourtPeckham, J.
• In 1887 the legislature of this state enacted chapter 691, which is entitled “ An act to amend the Penal Code, by adding an additional section thereto, to be known as section three hundred and thirty-five A.” That section reads as follows:
“ § 335 A. Ho person shall sell, exchange or dispose of any article of food or offer or attempt to do so upon any representation, advertisement, notice or inducement that anything other than what is specifically stated to be the subject of the i sale or exchange, is or is to be delivered or received or in any way connected with or a part of the transaction…
2Cases cited5 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Matter of Application of JacobsNew York Court of Appeals · 1885
- The People v. . MarxNew York Court of Appeals · 1885
- People v. . ArensbergNew York Court of Appeals · 1887
3Cited by220 opinions
- People v. BroadieNew York Court of Appeals · 1975
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- People v. . HavnorNew York Court of Appeals · 1896
- People v. . RosenheimerNew York Court of Appeals · 1913
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