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LUCKY CALENDAR CO. v. COHEN

19 N.J. 399 (1955)

117 A.2d 487

LUCKY CALENDAR CO., INC., PLAINTIFF-RESPONDENT, v. MITCHELL H. COHEN, COUNTY PROSECUTOR, CAMDEN COUNTY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 24, 1955.

Attorney(s) appearing for the Case

Mr. Ralph L. Fusco, Deputy Attorney-General, argued the cause for the appellant (Mr. Grover C. Richman, Jr., Attorney-General; Mr. David M. Satz, Jr., Deputy Attorney-General, on the brief).

Mr. James E. Fagan argued the cause for the respondent (Messrs. Gilhooly, Yauch & Fagan, attorneys).

The opinion of the court was delivered by VANDERBILT, C.J.

This appeal was taken by the defendant to the Appellate Division of the Superior Court from a declaratory judgment of the Law Division of the Superior Court in favor of the plaintiff declaring that its Lucky Calendar sales promotional program was lawful and not a lottery within the prohibition of the Lottery Act, N.J.S. 2A:121-1 et seq. We certified the matter while pending below.

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