Commonwealth v. Haynes
Massachusetts Supreme Judicial Court
Indictment on the St. of 1868, c. 263,* found and returned into the superior court in Suffolk at August term 1868, for selling nine quarts of milk adulterated with water to Mary Cogan at Boston on July 29, 1868. At the trial, before Lord, J., it appeared “ that the defendant did not, and his father did, own a milk route, and carry milk ” from Sudbury to Boston, “to his customers in the county of Suffolk , ” that Mary Cogan was one of the said customers in Boston, and had…
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Indictment on the St. of 1868, c. 263,* found and returned into the superior court in Suffolk at August term 1868, for selling nine quarts of milk adulterated with water to Mary Cogan at Boston on July 29, 1868. At the trial, before Lord, J., it appeared “ that the defendant did not, and his father did, own a milk route, and carry milk ” from Sudbury to Boston, “to his customers in the county of Suffolk , ” that Mary Cogan was one of the said customers in Boston, and had notice, some two years before July 1868, “ that the father owned the milk route and carried on the business, and that the…
1Opinion of the CourtWells, J.
The first instruction appears to have been applied to the absence of proof that there was any previous contract for supplying milk to Mary Cogan, or any express contract of sale at the time of delivery. The instruction, that a delivery of' milk by a dealer to a customer might be deemed an act of sale, was correct, and proper to be given.
The instruction was also correct that both parties engaged in the distribution of milk from the same wagon, and cooperating therein, knowing it to be adulterated, were severally liable, as well as jointly.
The act of sale is the same, and the offence the same,…
2Cases cited2 opinions
- Tucker v. PhillipsCourt of Appeals of Kentucky · 1859
- Lynn v. BradleyCourt of Appeals of Kentucky · 1858
3Cited by16 opinions
- Lewis v. CommonwealthMassachusetts Supreme Judicial Court · 1952
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Brennan v. Election CommissionersMassachusetts Supreme Judicial Court · 1942
- Garabedian v. CommonwealthMassachusetts Supreme Judicial Court · 1957
- Dascalakis v. CommonwealthMassachusetts Supreme Judicial Court · 1923
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