People v. . Beakes Dairy Co.
New York Court of Appeals
Appeal from a judgment, entered July 30, 1917, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of Special Term denying a motion by defendant for judgment in its favor upon the pleadings and granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered July 30, 1917, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of Special Term denying a motion by defendant for judgment in its favor upon the pleadings and granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion. In so far as the Beakes Dairy Company is concerned, the milk gathering statute can be sustained as an exercise of the reserved power of the state to amend the corporate charter of one of its own corporations. (N. Y. C. R. R. Co.…
1Opinion of the CourtPound, J.
This is an action to recover judgment against defendant for two hundred and ninety-eight penal, ties of one hundred dollars each for buying milk or cream within the state from certain producers for the purpose of shipping the same to New York city for consumption or manufacture without having been duly licensed as provided by sections fifty-five and following of the Agricultural Law (Cons. Laws, ch. 1), added thereto by chapter 408 of the Laws of 1913, as amended by chapter 651 of the Laws of 1915. The principal provisions of the statute are as follows:
“ § 55. Incensing of milk gathering…
2Cases cited42 opinions
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- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Hall v. Geiger-Jones Co.Supreme Court of the United States · 1917
- The Employers'liability CasesSupreme Court of the United States · 1908
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3Cited by98 opinions
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- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
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- Gregoire v. G. P. Putnam's SonsNew York Court of Appeals · 1948
- People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
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