NEW CAPITOL BAR & GRILL CORP. v. DIV. OF EMPLOYMENT SEC.


25 N.J. 155 (1957)

135 A.2d 465

NEW CAPITOL BAR & GRILL CORP., PETITIONER-APPELLANT, v. DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided October 21, 1957.


Attorney(s) appearing for the Case

Mr. Richard T. McDonough argued the cause for petitioner-appellant.

Mr. Herman D. Ringle argued the cause for defendant-respondent.


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

On June 29, 1950 Joseph McDonough contracted to buy the tavern business of Club 850, Inc. He formed a corporation, New Capitol Bar & Grill Corp., and assigned the contract to it. The sale was consummated on July 11, 1950, at which time New Capitol took over, hiring one employee of the seller a few hours thereafter on the same day and continuing the business without interruption.

It is conceded that...

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