Legal Opinion
People v. Lewis
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1909Published
Appeal by the plaintiff, The People of the State of Hew York, from a judgment of the Supreme Court in favor of the. defendant, entered in the office of the clerk of the county of Eensselaer on the 22d day of. October, 1908, upon the dismissal of the complaint by direction of the court upon a trial at the Eensselaer Trial Term.
1Opinion of the Court
Chester, J.:
At the opening of the trial the defendant’s counsel moved for a dismissal of the complaint on the ground that it did not state a cause of action. The motion was granted, and from the judgment of dismissal the plaintiff appeals.
' The material portion of the complaint that is brought in question is as follows:
“ Upon information and belief that the defendant on or about March 7, 1907, at his place of business in the city of Troy, 27. Y., did expose for sale, offer for sale and sell an article of food, adulterated and misbranded within the meaning of and in violation of sections 164…
2Cases cited1 opinion
- People v. KosterNew York Supreme Court · 1906