People v. . Biesecker
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1901, which affirmed a judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material) are stated in the opinion. The prohibition against the sale of dairy products containing a preservative is constitutional if enacted to protect the public health or to prevent fraud.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1901, which affirmed a judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material) are stated in the opinion. The prohibition against the sale of dairy products containing a preservative is constitutional if enacted to protect the public health or to prevent fraud. (People v. King, 110 N. Y. 423; People v. Girard, 145 N. Y. 105; People ex rel. v. Warden, etc., 157 N. Y. 123; Colon v. Lisk, 153 N. Y. 196;…
1Opinion of the CourtCullen, J.
This action is brought to recover a penalty for the violation of section 27 of the Agricultural Law, as amended by chapter 534 of the Laws of 1900. The provisions of that section, which it is alleged the defendant violated, are as follows : ‘‘Ho person shall sell, offer or expose for sale, any but ter or other dairy products containing a preservative, but this shall not be construed to prohibit the use of salt in butter or cheese, or spirituous liquors in club or other fancy cheese or sugar in condensed milk. Ho person or persons, firm, association or corporation shall induce or attempt to…
2Cases cited5 opinions
- The People v. . MarxNew York Court of Appeals · 1885
- People v. . KiblerNew York Court of Appeals · 1887
- People v. . ArensbergNew York Court of Appeals · 1887
- People v. . GirardNew York Court of Appeals · 1895
- People v. . CipperlyNew York Court of Appeals · 1886
3Cited by21 opinions
- State v. Hutchinson Ice Cream Co.Supreme Court of Iowa · 1914
- State ex rel. Mitchell v. Sage Stores Co.Supreme Court of Kansas · 1943
- People v. . BowenNew York Court of Appeals · 1905
- Gilchrist Drug Co. v. City of BirminghamSupreme Court of Alabama · 1937
- Coach v. GageOregon Supreme Court · 1914
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