Legal Opinion

People v. Koster

New York Supreme Court

Decided March 15, 1906PublishedCited by 3 opinions

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

  1. Ball v. State of New YorkNew York Court of Appeals · 1977
  2. People v. . BowenNew York Court of Appeals · 1905
  3. Cox v. . PaulNew York Court of Appeals · 1903
  4. Commercial Bank of Rochester v. City of RochesterNew York Supreme Court · 1863
  5. 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

  1. Moore Bros. Glass v. Drevet Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1897
  2. People v. LewisAppellate Division of the Supreme Court of the State of New York · 1909
  3. Wright v. LarkinNew York Supreme Court · 1915

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