People v. Masback Hardware Co.

The defendant herein is charged with a violation of section 188, and also with a violation of section 194 of the Agriculture and Markets Law of the State of New York. The charges are set forth in two separate informations, which were tried at the same time, pursuant to the stipulation entered into between the attorneys for the respective parties. The gist of the first charge is that the defendant did willfully and unlawfully deliver less of a certain commodity than the quantity actually represented by the defendant. The essence of the second charge is that the defendant sold a commodity in a…