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Wootton Hotel Corp. v. Wootton

New Jersey Supreme Court


Decided: April 30, 1937.

WOOTTON HOTEL CORPORATION, PLAINTIFF-RESPONDENT,
v.
THOMAS B. WOOTTON AND REBA F. WOOTTON, DEFENDANTS-APPELLANTS

On appeal from the Atlantic County Circuit Court.

For the plaintiff-respondent, Cassman & Gottlieb (Harry Gottlieb).

For the defendants-appellants, William Charlton.

[118 NJL Page 185]

PER CURIAM.

We agree with the trial judge that the defendants failed to disclose facts which entitle them to defend. It was proper that the answer with its separate defenses should be stricken and that summary judgment for possession should be entered for the plaintiff.

Judgment below will be affirmed, with costs.

For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 16.

For reversal -- None.

19370430


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