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CROSSMAN V. LURMAN, 192 U. S. 189 (1904)

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U.S. Supreme Court

Crossman v. Lurman, 192 U.S. 189 (1904)

Crossman v. Lurman

No. 117

Argued December 18, 1903

Decided January, 11, 1904

192 U.S. 189

Syllabus

Chapter 661, § 41, 1893, of the Laws of New York, prohibiting the sale of adulterated food and drugs is not repugnant to the commerce clause of the federal Constitution, but is a valid exercise of the police power of the state. chanroblesvirtualawlibrary

Page 192 U. S. 190

A contract made in New York for the sale of goods to be delivered and stored in Now York on arrival from a foreign port is a New York contract governed by the laws of New York even though the buyers be residents of another state.

The Act of Congress of August 30, 1890, 26 Stat. 414, prohibiting importation into the United States of adulterated and unwholesome food is not such an action of Congress on the subject as deprives the states of their police power to legislate for the prevention of the sale of articles of food so adulterated as to come within valid prohibitions of their statutes.

The fact that a demand exists for articles of food so adulterated by fraud and deception as to come within the prohibitions of a state statute does not bring the right to deal therein under the commerce clause of the Constitution so that such dealings cannot be controlled by the state in the valid exercise of its police power.

A purchaser cannot be compelled to accept or to pay damages for nonacceptance of an article of food so adulterated as to come within the provisions of a state statute prohibiting the sale thereof because, notwithstanding the adulteration, it is equal in grade to a standard specified in the contract.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 192 U. S. 193





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