People v. . Von Kampen
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 29, 1912, affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff in an action to recover a penalty for violation of section 41 of the Agricultural Law. The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 29, 1912, affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff in an action to recover a penalty for violation of section 41 of the Agricultural Law. The facts, so far as material, are stated in the opinion. That provision of section 41 of the Agricultural Law prohibiting the sale, gift or delivery of coloring matter at the same time with the sale of oleomargarine interferes with the personal and property rights of the…
1Opinion of the CourtHogan, J.
The record in this case and the briefs of counsel for the respective parties present as the sole question for consideration the validity of a provision of the Agricultural Law of this state.
Briefly stated the facts are: The defendant is a retail grocer in the city of Brooklyn. On or about the 28th day of December, 1909, an inspector of the agricultural department called at one of the stores of defendant and purchased of him a one-pound print of oleomargarine, which was taken by defendant from a box labeled “ Oleomargarine.” The print was wrapped in oiled paper and inclosed in a sealed carton,…
2Cases cited6 opinions
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- Capital City Dairy Co. v. OhioSupreme Court of the United States · 1902
- People v. . ArensbergNew York Court of Appeals · 1887
- Crossman v. LurmanSupreme Court of the United States · 1904
- People v. . GirardNew York Court of Appeals · 1895
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3Cited by2 opinions
- People v. LefkoffCity of New York Municipal Court · 1933
- People v. WilcoxNew York Supreme Court · 1918