Appellate Terms of the Supreme Court of New York, 1912

People v. Clover Farms Co.

Appellate Terms of the Supreme Court of New York · Decided January 31, 1912 · Seabury

133 N.Y.S. 421 (New York Supplement)

Counsel

M. Kirtland, for appellant., Thomas Carmody, Atty. Gen. (M. H. Beall, of counsel), for the People.

Opinion of the Court

PER CURIAM.

Judgments affirmed, with costs, with leave to appeal to the Appellate Division, First Department.

PAGE and BIJUR, JJ., concur.

Dissenting Opinion

SEABURY, J.

(dissenting). I dissent, upon the ground that, if section 47 of the Agricultural Law (Consol. Laws 1909, c. 1) is to be construed to impose a penalty for the shipment of unwashed empty milk cans, which may never again be used as receptacles for milk, or, if so used again, will only be used after being cleaned, it is unconstitutional. If it is not to be so construed, it has no application to the facts of this case.

In either view, the judgments rendered should be reversed. :

Case-law data current through December 31, 2025. Source: CourtListener bulk data.