Budd v. New York
Supreme Court of the United States
ERROR TO THE SUPERIOR COURT OE BUFFALO, STATE OF NEW YORK. ERROR TO THE SUPREME COURT OF THE STATE. OF NEW YORK. The case, as stated by the court, was as follows: On the 9th of June, 1888, the governor of the State of New York approved an act, chapter 581 of the laws of New York of 1888, which had been passed by the two houses of the legislature, three-fifths being present, entitled “An act to regulate the fees and charges for elevating, trimming, receiving, weighing and…
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ERROR TO THE SUPERIOR COURT OE BUFFALO, STATE OF NEW YORK. ERROR TO THE SUPREME COURT OF THE STATE. OF NEW YORK. The case, as stated by the court, was as follows: On the 9th of June, 1888, the governor of the State of New York approved an act, chapter 581 of the laws of New York of 1888, which had been passed by the two houses of the legislature, three-fifths being present, entitled “An act to regulate the fees and charges for elevating, trimming, receiving, weighing and discharging grain by means of floating and stationary elevators and warehouses in this State.” The act was in these words:…
1Opinion of the CourtJustice Blatchfokd
The -main question involved in these cases is whether this court will adhere to its decision in Munn v. Illinois, 94 U. S. 113.
The Court of Appeals of New York, in People v. Budd, 117 N. Y. 1, held that chapter 581 of the laws of 1888 did not violate the constitutional guarantee protecting'private property, but was a legitimate exercise of the police power of the State over a business affected with a public interest. In regard to the indictment against Budd, it held that the charge ' of/ exacting' more than the .statute; rate for elevating was proved; and that .as to the alleged overcharge,…
2Cases cited25 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Sinking-Fund CasesSupreme Court of the United States · 1879
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Spencer v. MerchantSupreme Court of the United States · 1888
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3Cited by207 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- United States v. Rock Royal Co-Operative, Inc.Supreme Court of the United States · 1939
- German Alliance Insurance v. LewisSupreme Court of the United States · 1914
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