Nordlinger v. Robertson

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

Nordlinger v. Robertson

33 F. 241, 1887 U.S. App. LEXIS 2361

U.S. Circuit Court for the District of Southern New York·Decided January 26, 1887·Published

Opinion

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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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.

Nordlinger v. Robertson, 33 F. 241, 1887 U.S. App. LEXIS 2361 (circtsdny 1887).

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