Legal Opinion

Commonwealth v. Schollenberger

Supreme Court of Pennsylvania

Decided July 19, 1893No. Appeal, No. 308PublishedCited by 12 opinions

Appeal, No. 308, Jan. T., 1893, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1891, No. 665, in favor of defendant George Schollenberger, on case stated. Case stated to determine validity of sale of oleomargarine. The case stated was as follows: “ That the defendant is a resident and citizen of the state of Pennsylvania.

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Appeal, No. 308, Jan. T., 1893, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1891, No. 665, in favor of defendant George Schollenberger, on case stated. Case stated to determine validity of sale of oleomargarine. The case stated was as follows: “ That the defendant is a resident and citizen of the state of Pennsylvania. “ That defendant is engaged in business at 219 Callowhill street, in the city of Philadelphia, Pa., as the agent of the Oak-dale Manufacturing Company, whose principal office and place of business is in the city of Providence and state of Rhode Island ; and…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

This case belongs to a rapidly growing class that has already become uncomfortably large and troublesome in this state. The profits to be derived from an unlawful traffic are much larger than those that flow from legitimate trade, provided the unlawful traffic may be pursued without serious interference from the officers of the law. Law abiding citizens will not embark in a business that is forbidden by the laws of the state in which they live. Timid men are afraid to do so. This kind of operation is left therefore to those who have no respect for law, no…

2Cases cited3 opinions

  1. Leisy v. HardinSupreme Court of the United States · 1890
  2. Powell v. PennsylvaniaSupreme Court of the United States · 1888
  3. Commonwealth v. ZeltSupreme Court of Pennsylvania · 1891

3Cited by12 opinions

  1. Cook v. Marshall CountySupreme Court of Iowa · 1903
  2. McGregor v. ConeSupreme Court of Iowa · 1898
  3. State ex rel. Black v. DelayeSupreme Court of Alabama · 1915
  4. Town of Canton v. McDanielSupreme Court of Missouri · 1905
  5. Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1894

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