Wickham v. Champlain Creameries, Inc.

This is an action for an injunction by plaintiff, Commissioner of Agriculture and Markets (hereinafter called “ Commissioner ”), pursuant to section 258-e of the Agriculture and Markets Law, to compel defendant to deposit funds in an escrow account to be maintained to secure payment for milk purchased by defendant, as provided for in subdivision 7 of section 258-b of the Agriculture and Markets Law which went into effect April 1, 1963.

There is substantially no factual dispute. The determination of the issue between the parties is virtually a question of law.

Basically, defendant relies on four…