People v. . Cannon
New York Court of Appeals
These are appeals from convictions of the above defendants, affirmed by the general term of the supreme court in the first department. Each defendant was convicted upon a separate indictment and trial of a violation of what is described in the various records as the “Bottling Act,” and known as chapter 377 of the Laws of 1887, as amended by chapter 181 of the Laws of 1888. The first three section® of the act are here alone material.
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These are appeals from convictions of the above defendants, affirmed by the general term of the supreme court in the first department. Each defendant was convicted upon a separate indictment and trial of a violation of what is described in the various records as the “Bottling Act,” and known as chapter 377 of the Laws of 1887, as amended by chapter 181 of the Laws of 1888. The first three section® of the act are here alone material. The title of the act and the' sections spoken of read as follows : “An act to protect the owners of bottles, boxes, siphons and kegs used in the sale of soda…
1Opinion of the CourtPeckham, J.
These prosecutions have been instituted for the purpose of obtaining a decision in regard to the validity of the law under which the convictions have been secured. Counsel ■for both parties have so stated, and the courts below have distinctly ruled upon the various propositions raised, so that the constitutionality of the statute might be fairly tested.
It is claimed that the act deprives all persons other than the manufacturers of the right to traffic in or give away sparkling or aerated liquors or beer which have ever been placed in a trade-mark bottle. It is said that if the manufacturer…
2Cases cited6 opinions
- Phelps v. . RaceyNew York Court of Appeals · 1875
- B'd of Com'rs of Excise, Etc. v. . MerchantNew York Court of Appeals · 1886
- Howard v. . MootNew York Court of Appeals · 1876
- Bank of Chenango v. . BrownNew York Court of Appeals · 1863
- Potter v. DeyoNew York Supreme Court · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by109 opinions
- Mobile, Jackson & Kansas City Railroad v. TurnipseedSupreme Court of the United States · 1910
- Morrison v. CaliforniaSupreme Court of the United States · 1934
- People v. LeyvaNew York Court of Appeals · 1975
- People v. ScottCalifornia Supreme Court · 1944
- Meadowcroft v. PeopleIllinois Supreme Court · 1896
104 more not listed; retrieve them via the Exa API.