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Takacs v. Horvath

Decided: June 7, 1949.

JOSEPH TAKACS, PLAINTIFF,
v.
JOSEPH HORVATH, DEFENDANT



Civil Action. On Final Hearing.

Jayne, J.s.c.

Jayne

Manifestly the plaintiff is entitled to a judgment declaring the dissolution of the partnership in which he and the defendant have engaged under the name and style of Broadway Cafe and Bowling Alley at No. 73 French Street in the City of New Brunswick. R.S. 42:1-31, 1-a, N.J.S.A.

The prevailing terms of the partnership are expressed in articles of agreement executed by the plaintiff and defendant on June 23, 1941. Cf. R.S. 42:1-23, N.J.S.A. For present purposes, the following paragraphs of the instrument engage primary attention:

"18. It is further agreed by and between the parties hereto that all rights to all local and state licenses and permits for the conduct of said business shall remain in the party of the first part in the event of the dissolution of the co-partnership, or the retiring of the party of the second part, or in the event of the expiration of the

within Agreement, and the said party of the second part shall be entitled to a credit of the prorated license fee paid.

"21. And it is further agreed by and between the parties hereto that the value of all the right, title and interest of the party of the second part in the said business shall be one-half of the actual cost of all the merchandise on hand at the time of the retiring or death of the party of the second part, or the dissolution of the co-partnership herein, or in the event of the expiration of the within agreement."

The plaintiff is designated the party of the first part in the agreement, and he seeks in this action not only a confirmation of the dissolution of the partnership but a further adjudication:

"That defendant's interest in the plenary retail consumption license C-21 (if any) issued by the City of New Brunswick, to the co-partnership, be decreed to be in trust for the said Joseph Takacs, and that said defendant be ordered to convey and transfer all his right, title and interest in said business, and in said plenary retail consumption license C-21 to the plaintiff Joseph Takacs, upon the payment to him of the sums of money called for under the co-partnership agreement."

I have extracted the demand literatim from the plaintiff's complaint.

Specifically, the defendant challenges the right of the plaintiff to a judgment requiring the defendant to transfer to the plaintiff "his right, title and interest" in the plenary retail consumption license.

The present license was issued to the partnership upon the application of both partners. Its issuance accordingly depended upon the ...


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