People v. Koster
New York Supreme Court
Demurrer to complaint. The opinion states the case.
1Opinion of the CourtForbes, J.
The demurrer to the plaintiff’s complaint discloses two principal grounds:
First, the complaint does not state facts sufficient to constitute a cause of action;
Second, different causes of action for a penalty are improperly united in the complaint.
The action is brought under sections 20, 22, and 37 of the Agricultural Law.
I think the complaint is seriously defective. It is probably claimed by the plaintiff that a reference to sections 20 and 22, with the assertion that the defendant was a dealer in milk and on a certain day adulterated, or caused, or permitted such adulteration to take place,…
2Cases cited6 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- People v. . BowenNew York Court of Appeals · 1905
- Cox v. . PaulNew York Court of Appeals · 1903
- Commercial Bank of Rochester v. City of RochesterNew York Supreme Court · 1863
- Ithaca Fire Department v. RiceAppellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moore Bros. Glass v. Drevet Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1897
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1909
- Wright v. LarkinNew York Supreme Court · 1915