Th application of the S.S. and B. Live Poultry Corporation for an injunction against the Kashruth Association of Greater New York to prevent it from enforcing its system of tagging chickens will be given a trial of suit when the State Supreme Court opens its Fall term next September.
Supreme Court Justice Peter Schmuck, denying the application for the injunction, said that it was too important a case to be decided by affidavits. The case is in the nature of a test of the Kashruth Association’s power to enforce its rabbinical ban on poultry not bearing the association’s patented leg-bands.
Plaintiff had charged that the association exacted a profit of 865 per cent on the leg-bands and that it was motivated by mercenary desires. The defense, conducted by George Z. Medalie, answered that it actually had lost money on the system.
The court declared that the orthodox rabbinate is “a proper authority to determine the laws of kashruth and that its supervision over involves not only a question of orthodox practice, but also the prevention of fraudulent practice capable of resulting in hygienic evil.”