People v. Laesser
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 28th day of January, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the plaintiff, The People of the State of New York, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 28th day of January, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1902, denying the plaintiff’s motion for a new trial made upon the minutes. In this action to recover a penalty for selling adulterated milk it appeared that at the time the samples of milk were taken, there was, in addition to the ten-quart can from…
1Opinion of the Court
Spring, J.:
This action was brought to recover a penalty for selling adulterated milk in violation of section 22, chapter 338 of the Laws of 1893, *386as amended by chapter 101 of the Laws of 1900'. Section 22 provides that “ no person shall sell or exchange or offer or expose for sale or exchange any unclean, impure, unhealthy, adulterated or unwholesome milk - * * .” Section 37 of the original act (as amd. by Laws of 19Ó0, chap. 559) prescribed penalties for a violation of these provisions.
On the 13th day of September, 1900, the defendant by his agent, one Yaughan, was selling milk about the…
2Cases cited4 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- People v. . KiblerNew York Court of Appeals · 1887
- People v. WiardAppellate Division of the Supreme Court of the State of New York · 1901
- People v. HillsAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- People v. SnyderAppellate Division of the Supreme Court of the State of New York · 1904
- People v. BeamanAppellate Division of the Supreme Court of the State of New York · 1905
- People v. BeamanAppellate Division of the Supreme Court of the State of New York · 1905
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1910
- People v. McDermott Dairy Co.Appellate Terms of the Supreme Court of New York · 1911