People v. Windholz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, ' from a judgment of the Supreme Court, in. favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 22d day of October, 1903, upon the dismissal of the complaint by direction of the court upon the opening at the Onondaga Trial Term.
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Appeal by the plaintiff, The People of the State of New York, ' from a judgment of the Supreme Court, in. favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 22d day of October, 1903, upon the dismissal of the complaint by direction of the court upon the opening at the Onondaga Trial Term. The action was commenced on the 22d day of June, 1903, to recover two penalties of §100 each, because of the alleged violation of the provisions of sections 50, 51,. 52 and. 53 of the Agricultural Law (Laws- of 1893, chap. 338, as amd. by Laws of 1901, chap. 308). The…
1Opinion of the Court
HoLennan, P. J.:
The only question presented by this appeal is whether or not section 50 of the Agricultural Law is unconstitutional and, therefore, void. The sections involved are as follows :
“ § 50. Definition of adulterated vinegar. All vinegar which contains any proportion of lead, copper, sulphuric acid, or other ingredients injurious to health, or any artificial coloring matter, or which has not an acidity equivalent to the presence of at least four ' and one-half per centum, by weight, of absolute acetic acid, or cider vinegar which has less than such an amount of acidity, or less than…
2Cases cited2 opinions
- People v. Niagara Fruit Co.Appellate Division of the Supreme Court of the State of New York · 1902
- People v. . Niagara Fruit CompanyNew York Court of Appeals · 1903
3Cited by3 opinions
- Buffalo Gravel Corp. v. MooreAppellate Division of the Supreme Court of the State of New York · 1922
- In Re McNealCalifornia Court of Appeal · 1939
- Buffalo Gravel Corp. v. MooreNew York Supreme Court · 1922