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MISTER SOFTEE v. MAYOR AND COUNCIL OF HOBOKEN

77 N.J. Super. 354 (1962)

186 A.2d 513

MISTER SOFTEE, A CORPORATION OF NEW JERSEY, JERSEY CITY CURB SERVICE, INC., A CORPORATION OF NEW JERSEY; AND PAUL A. CARDINALE AND JOSEPH E. MURPHY, JR., AS PARTNERS TRADING AS "MISTER SOFTEE," PLAINTIFFS, v. MAYOR & COUNCIL OF THE CITY OF HOBOKEN, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT. GOOD HUMOR CORPORATION, A CORPORATION, PLAINTIFF, v. MAYOR & COUNCIL OF THE CITY OF HOBOKEN, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided November 14, 1962.

Attorney(s) appearing for the Case

Mr. Herbert New argued the cause for the plaintiff Mister Softee (Messrs. Brenner & New, attorneys).

Mr. Saul J. Zucker argued the cause for the plaintiff Good Humor (Messrs. Kristeller, Zucker, Lowenstein & Cohen, attorneys); Mr. Donald R. Creighton, of counsel (Messrs. Dickson & Creighton, attorneys).

Mr. E. Norman Wilson argued the cause for the defendant Mayor & Council of the City of Hoboken (Mr. Robert F. McAlevy, Jr., attorney).

ARTASERSE, A.J.S.C.

These are consolidated actions in lieu of prerogative writs attacking the validity of an ordinance adopted by the City of Hoboken on May 2, 1962, known as sections 21:21 to 21:32 inclusive of chapter 21 of "The General Ordinances of the City of Hoboken" adopted January 7, 1959 entitled "An Ordinance to Regulate and License Vendors, Peddlers, Itinerant or Transient Merchants, and to Be Known as Sections...

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