For the prosecutor, Thompson & Lloyd and Herbert Horn.
For the defendants, Clarence F. McGovern.
Before Justices Case, Donges and Heher.
The opinion of the court was delivered by
DONGES, J. Prosecutor Steel Pier Amusement Company in 1937 and 1938 operated an amusement pier in Atlantic City. In 1939, prosecutor Atlantic City Steel Pier Company took over the operation of the pier, and subsequently Steel Pier Amusement Company was dissolved. This writ was allowed to review a finding of the Board of Review of the New Jersey Unemployment Compensation Commission that during a part of the years 1937 and 1938 the defendant Bandiera was in the employ of prosecutor Steel Pier Amusement Company.
During portions of 1937 and 1938, one Bartha was a musician and leader of an orchestra which played on prosecutor's amusement pier. In his orchestra was defendant Bandiera, admittedly hired by Bartha and playing with the orchestra during 1937 and 1938 on the prosecutor's pier and elsewhere. The orchestra was known as "Alex Bartha and His Steel Pier Orchestra." Steel Pier Amusement Company
entered into contracts with Bartha during the years 1937 and 1938, the years involved in this case. On June 19th, 1937, Bartha, of the first part, and Steel Pier Amusement Company of the second part, agreed:
"The party of the first part hereby agrees to furnish (11) eleven musicians, members of Local Union No. 661, of the American Federation of Musicians as their agent, to the party of the second part for the sum of $640 per week being wages for engagement at the Steel Pier for a period of twelve weeks starting June 19th.
"Orchestra is to include a vocalist in its personnel.
"Orchestra is to play four hours daily.
"The above contract is subject to the rules of Local Union No. 661 of the American ...