Legal Opinion

Tabor v. Herrick

Supreme Court of Vermont

Decided January 15, 1882Published

Action upon the statute of 1870, No. 76, entitled “An Act to protect Butter and Cheese Manufacturers.” Heard on demurrer to the declaration, March Term, 1881, Powers, J., presiding. Demurrer overruled. DECLARATION.

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Action upon the statute of 1870, No. 76, entitled “An Act to protect Butter and Cheese Manufacturers.” Heard on demurrer to the declaration, March Term, 1881, Powers, J., presiding. Demurrer overruled. DECLARATION. “ In an action brought on a certain statute law of this State, approved October, 21,1870, entitled, “ An act to protect Butter and Cheese Manufacturers ” ; whereupon the plaintiff declares and says that heretofore, to wit, on the 15th day of May, A. D., 1878, at, to wit, Danby aforesaid, and a long time before and since said date, until the date of this writ, the plaintiff was the…

1Opinion of the Court

• The opinion of the court was delivered by

Redfield, J.

The declaration counts upon the statute No. 76 of the acts of 1870 for a forfeiture. The statute declares that:

“ Whoever shall knowingly sell, supply or bring to be manufactured, to any butter or cheese manufactory in this State, any *633milk diluted with water,” etc., . . or any butter or .[cheese manufacturer who shall knowingly use, or direct any of his employees to use, for his, or their individual benefit, any cream from the milk brought to said butter or cheese manufacturer, without the consent of all the owners thereof, shall for each…

2Cases cited1 opinion

  1. Thompson v. HoweNew York Supreme Court · 1866

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