City of New York v. Biffle

Appellate Terms of the Supreme Court of New York

City of New York v. Biffle

91 N.Y.S. 737

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 17, 1905

StatusPublished

Cited by1 cases

This text of 91 N.Y.S. 737 (City of New York v. Biffle) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of New York v. Biffle, 91 N.Y.S. 737 (N.Y. Ct. App. 1905).

Pincite

Opinion

SCOTT, J.

It sufficiently appeared by the defendant’s own admission that the incorrect scales were in general use by him in selling commodities, and that they were actually in use on the day of their testing. It also appeared without contradiction that they were incorrect. His attempted explanation that they got out of balance because the wrong pans were put on them after cleaning does not help him. It was his business to see that the right pans were put on the right scales. The purpose of the ordinance is to protect purchasers against underweight. A purchaser will be just as effectively cheated by a light scale, whether the result is produced by imperfection in the scale, or by some tampering with it, or by mixing up the pans. The point is that the law requires the dealer to use correct scales, and if he uses incorrect ones, no matter for what reason, he is liable to the penalty.

The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SCOTT, J.

It sufficiently appeared by the defendant’s own admission that the incorrect scales were in general use by him in selling commodities, and that they were actually in use on the day of their testing. It also appeared without contradiction that they were incorrect. His attempted explanation that they got out of balance because the wrong pans were put on them after cleaning does not help him. It was his business to see that the right pans were put on the right scales. The purpose of the ordinance is to protect purchasers against underweight. A purchaser will be just as effectively cheated by a light scale, whether the result is produced by imperfection in the scale, or by some tampering with it, or by mixing up the pans. The point is that the law requires the dealer to use correct scales, and if he uses incorrect ones, no matter for what reason, he is liable to the penalty.

The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

91 N.Y.S. 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-biffle-nyappterm-1905.

Opinion

Related

Cite This Page — Counsel Stack