People v. . Abramson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1911, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. 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 of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1911, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The statute under which this action is brought for imposing the penalty sought to be recovered is contrary to the Federal Constitution as interfering with interstate commerce. (State Freight Tax, 15 Wall. 275; The Daniel Ball, 1 Wall. 1065; Addystone v. U. S., 175 U. S. 246; Wabash Ry. Co. v.…
1Opinion of the CourtGray, J.
This action was brought to recover penalties, incurred by the defendants for violations of the Agricultural Law of the state in the sale of cans of adulterated milk. Upon the trial, at the conclusion of the evidence, the court directed a verdict for the plaintiff for an aggregate amount of penalties, based on the number of cans sold, at the minimum sum imposed for each violation. The Appellate Division has affirmed the judgment and, upon this appeal, the questions presented for our consideration relate to the constitutionality of the statute, in its application to the transactions in…
2Cases cited6 opinions
- Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1888
- Minnesota v. BarberSupreme Court of the United States · 1890
- Ewing v. City of LeavenworthSupreme Court of the United States · 1913
- People v. . SpencerNew York Court of Appeals · 1911
- People v. Niagara Fruit Co.Appellate Division of the Supreme Court of the State of New York · 1902
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3Cited by7 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- City of New York v. BenensonCivil Court of the City of New York · 1963
- Western Union Telegraph Co. v. GloverAlabama Court of Appeals · 1920
- City of New York v. CarollaCity of New York Municipal Court · 1965
- American Transit Insurance v. CorcoranNew York Court of Appeals · 1990
2 more not listed; retrieve them via the Exa API.