People v. . Clair
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered October 23, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover penalties for the sale of game in violation of sections 176 and 180 of the Conservation Law. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered October 23, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover penalties for the sale of game in violation of sections 176 and 180 of the Conservation Law. The facts, so far as material, are stated in the opinion. The service of partridges with a meal paid for in weekly board bill is a sale of the partridges within the prohobition of sections 176 and 180 of the Conservation Law. (Fleming v.…
1Opinion of the Court
Chase, J.:
On October 30, 1915, two men, one a confidential agent of the Conservation Commission of the State of Flew York, and the' other a game protector employed by said commission, but' unknown to the defendant, went to a small hotel in the town of Wilmurt, in the county of Herkimer, of which the defendant was the proprietor, and remained there until the morning of November 7. They departed that morning, paying $15.50 each for their board and room, being at the rate of two dollars per day for the time that they had been guests for pay of the defendant.
At the close of the noon meal on…
2Cases cited12 opinions
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Herbert v. Shanley Co.Supreme Court of the United States · 1917
- State v. RodmanSupreme Court of Minnesota · 1894
- People v. . BootmanNew York Court of Appeals · 1904
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3Cited by14 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Temple v. . KeelerNew York Court of Appeals · 1924
- Greenwood v. John R. Thompson Co.Appellate Court of Illinois · 1919
- Stanfield ex rel. Stanfield v. F. W. Woolworth Co.Supreme Court of Kansas · 1936
- West v. KatsafanasSuperior Court of Pennsylvania · 1932
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