U.S. Circuit Court for the District of Southern New York, 1887

Nordlinger v. Robertson

Nordlinger v. Robertson
U.S. Circuit Court for the District of Southern New York · Decided January 26, 1887 · Shipman
33 F. 241; 1887 U.S. App. LEXIS 2361
Nordlinger v. Robertson

Opinion of the Court

Shipman, J.,

(charging jury.) The question is whether this article is a seed. The plaintiffs must satisfy you by a fair preponderance of proof that it is a seed. It has the appearance and name of a seed. It is testified, and it is probably true, that it is not in the natural state; that it would not grow if planted; that the germ is destroyed; and that it is used for soups and for food for birds. What has been done to it is not shown by any testimony; what process has been applied to it is not state,d. It is for you to say whether it has been changed from the condition of a seed to something else.

Yerdiet for defendant.

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