United States Condensed Milk Co. v. Smith — 191 N.Y. 536

Majority

p. 536

United States Condensed Milk Company, Appellant, v. Max Smith et al., Respondents.

Headnote

77. 8. Condensed Milk Co. v. Smith, 116 App. Div. 15 , affirmed."

(Argued February 20, 1908;

decided March 13, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and a determination of the trial jus

p. 537

tice limiting the recovery to one penalty in an action to recover penalties from the defendants for having in their possession milk" cans belonging to the plaintiff.

C. B. Miller and Philip Biting for appellant.

Frederick Klein and Edmund Bittiner for respondents.

Judgment affirmed, with costs; no opinion.

Concur : Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.