The People of the State of New York, Appellant v. Beakes Dairy Company, Respondent

Summary

The Court of Appeals affirmed the Appellate Division's dismissal of the complaint, holding that the plaintiff's 298 counts each alleged an isolated purchase of milk without a license and therefore failed to state a cause of action for the statutory penalty, which applies only to the continuous business of buying milk. The court declined to address the statute's constitutionality, deeming it unnecessary to the disposition.