People v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert C. Clark, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12tli day of May, 1910, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Burr, J.:
This action is brought to recover a penalty for violation of the provisions of the Agricultural Law relative to the sale of oleomargarine (Consol. Laws, chap. 1 [Laws of 1909, chap. 9], §§ 30, 38). That act (§ 30) defines “ butter ” and “ cheese,” when used in article 3, referring to dairy products, to mean “ the products of the dairy, usually known by those terms, which are manufactured exclusively from pure, unadulterated milk or cream or both, with or without 'salt or rennet, and with or without coloring matter or sage.” It defines the term “ oleomargarine” tornean “ any article…
2Cases cited4 opinions
- The People v. . MarxNew York Court of Appeals · 1885
- The People v. . ArensbergNew York Court of Appeals · 1886
- People v. RussAppellate Division of the Supreme Court of the State of New York · 1910
- People v. MeyerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- People v. ReddingNew York Supreme Court · 1911