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Beneficial Finance Co. v. Daloisio

New Jersey Superior Court, Appellate Division


Decided: January 17, 1966.

BENEFICIAL FINANCE CO. OF NEWARK, A CORPORATION, PLAINTIFF-RESPONDENT,
v.
ALFONSO DALOISIO AND ANTHONY DALOISIO, INDIVIDUALLY AND TRADING AS RAILROAD CONSTRUCTION COMPANY, DEFENDANTS-APPELLANTS

Goldmann, Foley and Collester.

Per Curiam

[90 NJSuper Page 81] The judgment under appeal is affirmed. We find no merit in defendants' contention that enforcement of a wage assignment under N.J.S.A. 17:10-18, part of the Small Loan Law, violates the provisions of N.J. Const., Art. I, par. 1, and Art. IV, ยง VII, pars. 7, 8 and 9, and the Fourteenth Amendment of the United States Constitution.

[90 NJSuper Page 82]

Nor is their argument that the county district court was without jurisdiction sound. This is not a case of a wage assignment relating to a future contract of employment, in which case the claim for relief would be purely equitable. 6 Am. Jur. 2 d, Assignments, sec. 46, p. 229 et seq. (1963). The assignor was an employee of defendants at the time he executed the wage assignment and when it was served; and the fact that there subsequently was a brief break in his continuity of service did not defeat the effectiveness of the assignment.

19660117


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