Legal Opinion

Butler v. Marshall Chambers

Supreme Court of Minnesota

Decided November 12, 1886PublishedCited by 31 opinions

The plaintiff brought this action in the district court for Ramsey county, to recover the value of merchandise sold and delivered to the defendant.

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The plaintiff brought this action in the district court for Ramsey county, to recover the value of merchandise sold and delivered to the defendant. The answer set up as a defence that the merchandise was manufactured out of oleaginous substances, and out of a compound other than that produced from unadulterated milk, and out of a compound other than that produced from cream from unadulterated milk; that it was, when sold, an article manufactured and designed to take the place of butter produced from unadulterated milk, and to take the place of butter produced from cream of unadulterated milk;…

1Opinion of the CourtVanderburgh, J.

The demurrer to the answer brings up the con stitutional validity of Laws 1885, c. 149, § 4. The act is entitled “An act to prohibit and prevent the sale or manufacture of unhealthy or adulterated dairy products. ” Section 1 provides a penalty for selling, or exposing for sale, “unclean, impure, unhealthy, adulterated, or unwholesome milk, ” or the product thereof. Section 2 provides that “no person shall keep cows for the production of milk for market, or for sale or exchange, or for manufacturing the same into articles of food, in a crowded or unhealthy condition, or feed the cows on food…

2Cases cited9 opinions

  1. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  2. Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
  3. Bartemeyer v. IowaSupreme Court of the United States · 1874
  4. Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
  5. The People v. . MarxNew York Court of Appeals · 1885

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3Cited by31 opinions

  1. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  2. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
  3. State v. BockstruckSupreme Court of Missouri · 1896
  4. State v. HovorkaSupreme Court of Minnesota · 1907
  5. Commonwealth v. HuntleyMassachusetts Supreme Judicial Court · 1892

26 more not listed; retrieve them via the Exa API.

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