New York Criminal Reports (Volume 10); Reports of Cases Decided in All Courts of the State of New York Involving Questions of Criminal Law and Practice with Notes and References

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: ? Jiftfc Oct. 21, 1893. 'PEOPLE v. ELFENBEIN. (48 St. Rep. 37; 65 Hun 434.) Bottles? Label The words or otherwise produced upon such bottle, as used In chapter 377 of 1887 as amended by chapter 181 of 1888, do not cover the case of printed or lithographic labels. 'Appeal by the defendant, Moses Elfembein, from a judgment of the court of sessions of Erie county, entered May 25, 1892, affirming a judgment of his conviction under chapter 377 of the Laws of 1887, as amended by chapter 181 of Laws of 1888, entitled An act to protect the owners of bottles, boxes, syphona and kegs used in the sale of soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, small beer, lager beer, weis beer, white beer, or other beverages. Emory P. Close, for appellant Tracy C. Becker, for respondents. ' MACOMBER, J. ? The appellant was convicted before the police justice of the city of Buffalo, on the 9th day of April, 1892, for violation of the above mentioned act. This conviction, was affirmed on appeal to the court of sessions, and from the judgment of the last named court this appeal is taken. There was found in the defendant's possession a bottle, like a quart bottle often used for apollinaris water, and it was claimed that the same was a violation of the rights of one Anthony Young, who was engaged in the manufacture, bottling and selling of mineral waters. The name of Anthony Young was upon a label which had been lithographed and pasted on the bottle with common paste. There was no stamp or cut of the name made into the glass itself. The only question, therefore, fa this case ie, whether or not the possession and use of bottlesof this kind, with a printed or lithographed label pasted upon them containing the name of the original owner, is a vi...