People v. Durkee
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 19th day of November, 1917, upon the decision of the court, a jury having been waived.
1Opinion of the Court
John M. Kellogg, P. J.:
The appellant complains that “ Durkee’s Salad Dressing and Meat Sauce ” is sold in violation of sections 200 and 201 of the Agricultural Law (as amd. by Laws of 1914, chap. 494) defining and prohibiting the sale of adulterated and misbranded foods. The salad dressing has been upon the market for about fifty years, under the same name and of the same ingredients. It is a compound under a secret formula of vinegar, mustard, salt and other ingredients, none of which is harmful in any way. Clearly the dressing does not fall within any of the definitions of adulterated…
2Cases cited1 opinion
- Grimmer v. . the Tenement House Dept. of the City of N.Y.New York Court of Appeals · 1912
3Cited by3 opinions
- People v. LobiancoCriminal Court of the City of New York · 2003
- People v. LefkoffCity of New York Municipal Court · 1933
- People v. MahoneyNew York Justice Court · 2011