People v. Albion Cider & Vinegar Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Albion Cider and Vinegar Company and others, from a judgment of the Supreme Court in favor of tlie plaintiff, entered in the office of the clerk of the county of Orleans on the 16th day of May, 1906, upon the report of a referee. Tlie amount of recovery was $1,500 and costs, and the judgment contained a further provision restraining defendants, their agents,' .etc., from further violating sections 50, 51 and 52 of the Agricultural Law.
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Appeal by the defendants, The Albion Cider and Vinegar Company and others, from a judgment of the Supreme Court in favor of tlie plaintiff, entered in the office of the clerk of the county of Orleans on the 16th day of May, 1906, upon the report of a referee. Tlie amount of recovery was $1,500 and costs, and the judgment contained a further provision restraining defendants, their agents,' .etc., from further violating sections 50, 51 and 52 of the Agricultural Law. (See Laws of 1893, chap. 338, § 50, as amd. by Laws of 1901, chap. 308; Id. §§ 51, 52.)
1DissentMcLennan, P. J.
This appeal squarely presents the question : Is the plaintiff entitled to recover cumulative penalties, fifteen in number, of $100 each, for violation of the Agricultural Lawq under the facts and circumstances disclosed by. the evidence in'this case? It is uncontradicted that on the 3d day of September, 1901, the defendants had in their factory or warehouse seventy-five barrels of vinegar, which they had manufactured. Such seventy-five barrels were stored all together as one lot, and on the date aforesaid had all been sold to' the Eimon Mercantile Company, of West Superior, Wis., through an…
2Cases cited3 opinions
- Cox v. . PaulNew York Court of Appeals · 1903
- Washburn v. M'InroyNew York Supreme Court · 1810
- United States Condensed Milk Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1906