WINOKA VILLAGE, INC., v. TATE


16 N.J. Super. 330 (1951)

84 A.2d 626

WINOKA VILLAGE, INC., A CORPORATION, PLAINTIFF-APPELLANT, v. JOSEPH B. TATE, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1951.


Attorney(s) appearing for the Case

Mr. Albert B. Melnik argued the cause for appellant.

Mr. Howard S. Tilton argued the cause for respondent (Messrs. Waddington & Tilton, attorneys).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.


The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

Plaintiff sued in the Camden County District Court to recover rents under written leases, one for an apartment and another for a garage, which were vacated by defendant before the end of the term. The defense was willful fraud. The trial judge found that fraud had been proved and entered judgment for defendant.

The fraud charged consisted in alleged willfully fraudulent misrepresentations...

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