Hygrade Provision Co., Inc. v. Sherman,
266 U.S. 497 (1925)

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U.S. Supreme Court

Hygrade Provision Co., Inc. v. Sherman, 266 U.S. 497 (1925)

Hygrade Provision Co., Inc. v. Sherman

Nos. 104-106

Argued November 20, 21, 1924

Decided January 5, 1925

266 U.S. 497


1. Equity will interfere to prevent criminal proceedings under an unconstitutional statute when that is necessary to effectually protect property rights. P. 266 U. S. 500.

2. A criminal statute is not lacking in due process of law merely because the application of its prohibition may be uncertain in exceptional cases, and the more clearly so where the act defined is made criminal only when performed with a specific intent to defraud. P. 266 U. S. 501.

3. Laws of New York punishing those who sell or expose for sale meat or meat preparations falsely misrepresenting them as "Kosher," or "as having been prepared under and of a product or products sanctioned by the orthodox Hebrew religious requirements," or who sell or expose for sale in the same place both Kosher and non-Kosher meat etc., without signs indicating that both kinds are sold and labeling the articles accordingly, do not violate the rights of dealers under the due process and equal protection clauses of the Fourteenth Amendment or infringe the Commerce Clause. Pp. 266 U. S. 501, 266 U. S. 503.


Appeals from decrees of the district court dismissing the bills in three suits brought by dealers to enjoin the Attorney General of the State of New York and the District Attorney of the County of New York from proceeding

Page 266 U. S. 498

against the plaintiffs under Chapters 580 and 581, Laws of New York, 1922, respecting the sale of "Kosher" meat and meat preparations.

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