New York Court of Appeals

The People of the State of New York v. . William P. Cannon, the Same v. . Hugh Quinn, the Same v. . George Z. Bartholf

October 3, 1893139 N.Y. 32

Summary

The Court of Appeals upheld the constitutionality of the Bottling Act's prohibition on using marked bottles without the owner's consent and affirmed the statute's provision that possession of such bottles by a second‑hand dealer creates a prima facie presumption of unlawful use. It also held that a security deposit for the return of bottles, absent an agreement to return them, constitutes a sale, and therefore affirmed Cannon's conviction while reversing and remanding the judgments for Bartholf and Quinn.