Legal Opinion

People v. . Briggs

New York Court of Appeals

Decided December 1, 1908PublishedCited by 24 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 7, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in construing the statute and in interpolating the words therein and directing a verdict against defendant.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 7, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in construing the statute and in interpolating the words therein and directing a verdict against defendant. (L. 1893, ch. 338, § 37; State v. Powers, 36 Conn. 77; U. P. R. Co. v. U. S., 36 Fed. Rep. 287; Matter of Schooner Enterprise, 1 Paine, 32; Todd…

1Opinion of the CourtHaight, J.

This action was brought to recover penalties for alleged violations of the Agricultural Law. The facts established by the verdict are to the effect that the defendant, Charles M. Briggs, was a milk producer, having a dairy farm at Elma, Erie county, H. Y., on which he kept cows for the production of milk. The milk was put into quart glass bottles, on which were blown the words “ Certified milk, C. M. Briggs, Elma, H. Y.,” and upon the stopper to the bottles the same words were printed. The milk was shipped to two milk dealers or grocers in Buffalo and was sold by them as and for certified…

2Cases cited1 opinion

  1. House v. LowNew York Supreme Court · 1807

3Cited by24 opinions

  1. People v. BencNew York Court of Appeals · 1942
  2. People v. PieriNew York Court of Appeals · 1936
  3. Derby Club, Inc. v. BecketWashington Supreme Court · 1953
  4. In Re Di TorioDistrict Court, N.D. Illinois · 1925
  5. People v. KlufusNew York City Magistrates' Court · 1956

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