People v. Douglas Packing Co.
New York Supreme Court
Motion on behalf of the defendant to dismiss the complaint upon the ground that said complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the CourtStephens, J.
The action is brought to recover a penalty for violation of the provisions of the Agricultural Law.
The complaint contains the usual formal allegations and then alleges that the defendant manufactured, sold and delivered to a purchaser named a barrel of vinegar; that one end of the said barrel contained the following words and figures: “ Douglas Packing Co.— Excelsior Brand Apple Cider Vinegar. Made from selected apples — reduced to 4 per centum — Rochester, N. Y.” and that on the other end appeared the following words: “ Guaranteed to comply with all pure food laws. Douglas Packing Co.…
2Cases cited11 opinions
- Phelps v. . PeopleNew York Court of Appeals · 1878
- People v. . GirardNew York Court of Appeals · 1895
- Claim of Ehrsam v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899
- 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
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3Cited by1 opinion
- People v. Douglas Packing Co.Appellate Division of the Supreme Court of the State of New York · 1922