People v. Briggs
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff entered upon tbe verdict of a jury. Tbe complaint alleged tbe .sale on May 25, 1885, by tbe defendants of a product not made from milk or cream, wbicb it was alleged was in imitation of dairy butter, and contained coloring matter whereby it was made to resemble dairy butter; and it was further alleged was not a product manufactured or in process of manufacture on April 30, 1885. The court after reviewing the evidence and…
Read the full summary
Appeal from a judgment in favor of tbe plaintiff entered upon tbe verdict of a jury. Tbe complaint alleged tbe .sale on May 25, 1885, by tbe defendants of a product not made from milk or cream, wbicb it was alleged was in imitation of dairy butter, and contained coloring matter whereby it was made to resemble dairy butter; and it was further alleged was not a product manufactured or in process of manufacture on April 30, 1885. The court after reviewing the evidence and construing the sections of the statute under which this action was brought, to which part of the charge no exceptions were…
1Opinion of the Court
Daniels, J. :
The action was for the recovery of a penalty of $500, imposed by section 19 of chapter 183 of the Laws of 1885, for the violation of section 7 of the act as it was amended by section 2 of chapter 458 of the Laws of the same year. The evidence at the trial sufficiently proved the allegations of the complaint to sustain the verdict of the jury finding a violation of these statutory provisions by the defendants. But ho evidence was given to sustain the averment in the complaint that the article manufactured 'and kept for sale was not manufactured or in process of manufacture at the…
2Cases cited15 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Harris v. . WhiteNew York Court of Appeals · 1880
- Allan v. Vanmeter's DeviseesCourt of Appeals of Kentucky · 1858
- Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
- Board of Commissioners of Pilots v. ClarkNew York Court of Appeals · 1865
10 more not listed; retrieve them via the Exa API.