Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

International Dye and Print Works, Inc. v. Fashion Screen Printing Co.

Decided: July 18, 1936.

INTERNATIONAL DYE AND PRINT WORKS, INCORPORATED, PLAINTIFF-APPELLANT,
v.
FASHION SCREEN PRINTING COMPANY, DEFENDANT-RESPONDENT



On appeal from the Second District Court of the city of Paterson.

For the appellant, Abram I. Bluestein.

For the respondent, John O. Benson.

Before Justices Heher and Perskie.

Perskie

The opinion of the court was delivered by

PERSKIE, J. This is the plaintiff's appeal from a judgment entered on a jury verdict in favor of the plaintiff and against the defendant in the sum of $50.

From the schedule annexed to the antiquated form of state of demand, and the proofs adduced, it would appear that suit was instituted to recover $250 the unpaid balance of rent for floor space in plaintiff's mill. The facts disclose that defendant occupied the second and third floors of plaintiff's mill as a tenant at the monthly rent of $450. Defendant paid the rent for October in full but only $200 of the November, 1934, rent, claiming that at the request of the plaintiff it removed its machinery from the second floor. At the trial a dispute arose whether this machinery was removed from the second floor in October or November. Defendant, in addition to the $200 November rent payment, sent the plaintiff a check for $50 representing the value of the premises occupied by it for additional space. This check was refused and returned uncashed by the plaintiff. The facts further disclose that during the month of August, 1934, the president of the plaintiff corporation was abroad on his vacation leaving behind one Saul Geller and one Philip Kanter to look after his interests. Though the record is extremely confusing on this point, it seems that on August 14th, 1934, Kanter wrote the following letter:

"Fashion Screen Printing Company, 52 Putnam Street, Paterson, N.J.

Attention: Mr. Kane.

Gentlemen:

This will inform you that on or about September 1st, we wish to acquire for our own use second floor premises of our plant that you occupy at River and Putnam Streets. This request has been made of you by Saul Geller a few weeks ago and your reply was that we could have same within a couple of weeks. Our insurance company requires us to move all our griege goods from the lower floor ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.