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SPERRY & HUTCHINSON CO. v. MARGETTS

25 N.J. Super. 568 (1953)

96 A.2d 706

THE SPERRY AND HUTCHINSON COMPANY, PLAINTIFF, v. WALTER T. MARGETTS, JR., STATE TREASURER OF THE STATE OF NEW JERSEY, AARON K. NEELD, DEPUTY DIRECTOR OF THE DIVISION OF TAXATION IN THE DEPARTMENT OF THE TREASURY, ARMAND J. SALMON, JR., STATE SUPERVISOR OF MOTOR FUELS TAX BUREAU IN THE DIVISION OF TAXATION IN THE DEPARTMENT OF THE TREASURY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 13, 1953.

Attorney(s) appearing for the Case

Messrs. Markley & Broadhurst (Messrs. Casey, Beinecke & Chase, of the New York Bar, of counsel and on the brief), attorneys for plaintiff.

Mr. Theodore D. Parsons. Attorney-General (Mr. Joseph A. Murphy, Assistant Deputy Attorney-General, of counsel), attorney for defendant.

Messrs. Bilder, Bilder & Kaufman (Mr. Sanford Freedman, of counsel), attorneys for amicus curiae, New Jersey Gasoline Retail Dealers Association and Allied Trades, Inc., et als.

GOLDMANN, J.S.C.

This action is brought to determine the application and constitutional effect of the act regulating the retail sale of motor fuels (L. 1938, c. 163, as amended; N.J.S.A. 56:6-1 et seq.) upon the right of retailers of motor fuels, licensees of plaintiff, to issue plaintiff's "S & H. Cooperative Discount Stamps" to their customers in consideration of cash payment of the posted price.

Plaintiff demands judgment...

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