Paige v. Fazackerly
New York Supreme Court
APPEAL by the plaintiff from a judgment of the county court of Albany county, reversing a judgment recovered by the plaintiff in the justice’s court of the city of Albany, for a penalty of $25 for selling bread of defective weight.
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APPEAL by the plaintiff from a judgment of the county court of Albany county, reversing a judgment recovered by the plaintiff in the justice’s court of the city of Albany, for a penalty of $25 for selling bread of defective weight. The proceedings were commenced by warrant served on the defendant, which required him to answer the plaintiff “for a penalty of $25, or under, for violating an- ordinance of the city - of Albany, on the 24th day of September, 1860, viz. fór manufacturing for sale as a baker 100 loaves of bread of defective weight.” The warrant was indorsed as being issued on a…
1Opinion of the Court
By the Court,
Hogeboom, J.
There is nothing before this court to show upon what ground the county court reversed the justice’s judgment; but the defendant’s counsel now makes these objections to the recovery before the justice: 1. That the plaintiff was bound to shoxv the city ordinance before he could recover. 2. That he was also bound to show that the defendant was a baker in the city of Albany. 3. That there was no statute authorizing the chamberlain to sue for the penalty; and if there was a city ordinance, it should have been proven—as also that Paige was chamberlain. 4. That *394the action…
2Cases cited11 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Baldwin v. CalkinsNew York Supreme Court · 1833
- Willard v. WarrenNew York Supreme Court · 1837
- Van Gorden v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1809
- Merritt v. SeamanNew York Supreme Court · 1849
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Todd v. . NelsonNew York Court of Appeals · 1888
- City of Chicago v. SchmidingerIllinois Supreme Court · 1909
- City of Toledo v. AllionOhio Court of Appeals · 1917
- Loubat v. Le RoyNew York Supreme Court · 1884
- McDonald v. ChristieNew York Supreme Court · 1863
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