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Carle v. Carle Tool & Engineering Co.

Decided: December 14, 1954.

JOHN CARLE, PETITIONER-APPELLANT,
v.
CARLE TOOL & ENGINEERING CO., LTD., DEFENDANT-RESPONDENT



Feller, J.c.c.

Feller

This is an appeal from the judgment of dismissal in a workmen's compensation case in which the Deputy Director held that the petitioner was not entitled to the benefits of the provisions of the Workmen's Compensation Act of New Jersey, as he was a principal and a member of a partnership, even though it may be a limited partnership, and that he was not an employee in the premises.

An agreed stipulation of facts was submitted by counsel so that the question of jurisdiction may be determined on the legal question as to whether or not John Carle, the petitioner, has a legal right to bring a proceeding in compensation against the Carle Tool & Engineering Co., Ltd., the respondent.

The agreed statement of facts provides as follows:

"1. Carle Tool & Engineering Co., Ltd., is a limited partnership association duly formed in accordance with R.S. 42:3-1-30.

2. Said association was formed on or about June 7, 1950 by Henry Carle, Louis Carle and John Carle, and its articles of association were duly filed in the Essex County Clerk's Office on June 8, 1950.

3. The officers and members of said association are as follows:

Louis Carle, Chairman

John Carle, Vice Chairman

Henry Carle, Secretary-Treasurer

Said officers and members are regularly employed by the respondent and receive regular hourly wages.

4. On or about January 2, 1953, for a valuable consideration, United States Fidelity & Guaranty Co. delivered to Carle Tool & Engineering Co., Ltd., its ...


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