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Mimnaugh v. Atlantic City Electric Co.

Decided: January 12, 1950.

WINFIELD MIMNAUGH, PLAINTIFF,
v.
ATLANTIC CITY ELECTRIC COMPANY, DEFENDANT



Haneman, J.s.c.

Haneman

This is a motion by the defendant for a judgment on the pleadings. Although an answer and reply have heretofore been filed, it has been agreed by stipulation between counsel that the Court may consider the motion as if no further steps had been taken other than the filing of complaint. It has also been stipulated that the interrogatories and depositions filed herein may be considered upon this motion.

The facts as set forth in the complaint and as amplified by the interrogatories and depositions are as follows:

On or about April 23, 1948, plaintiff became the owner of 100 shares of stock of the defendant corporation. Defendant was engaged in the business of manufacturing and selling electricity in the southern part of New Jersey. As a result of the manufacture and generation of electricity by the use of coal there resulted two by-products designated in the trade as "cinders" and "fly ash." For some period prior to December 21, 1948, the defendant had a contract with the Atlantic County Construction Company, under the terms of which the Atlantic County Construction Company neither received nor paid any consideration for the removal of cinders, but was paid at the rate of $3 per hour for the removal of fly ash.

On or about October 1, 1948, plaintiff retained one Samuel Morris, Esquire, attorney-at-law of the State of New Jersey, to investigate this arrangement and to take such action as might be deemed necessary. On November 9, 1948, plaintiff herein wrote to the president of the defendant as follows:

"Mar Contracting Co.

931 Mediterranean Avenue,

Atlantic City, N.J.

9 November 1948

American Gas and Electric Co.,

30 Church Street,

New York City, New York.

Attention: Mr. Philip Sporn,

President, Atlantic City ...


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