Legal Opinion

People v. Lamb

New York Supreme Court

Decided February 15, 1895Published

Appeal from circuit court, Broome county. Action by the people of the state of New York against Irving D. Lamb to recover a penalty for selling adulterated and impure milk to a creamery. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, made on the minutes, the people appeal. Reversed.

1Opinion of the CourtMerwin, J.

In the complaint in this case it is alleged that the defendant, on the 8th day of August, 1893, in violation of sections 20, 22, and 37 of chapter 338 of the Laws of 1893, entitled “An act in relation to agriculture,” offered for sale and sold a quantity of adulterated and impure milk to a certain creamery, and thereby incurred the penalty of $100 provided by said section 37, and became indebted to the plaintiff thereby in the sum of $100. Upon the trial the plaintiff gave evidence tending to show that at the date referred to the defendant sold milk which was adulterated,, within the standard…

2Cases cited10 opinions

  1. Hamilton v. . WrightNew York Court of Appeals · 1868
  2. Clark v. FitchNew York Supreme Court · 1829
  3. Perkins v. . StimmelNew York Court of Appeals · 1889
  4. Fulton Fire Insurance Co. v. . BaldwinNew York Court of Appeals · 1868
  5. Daniels v. . PattersonNew York Court of Appeals · 1849

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