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FRANK v. CLOVER LEAF PARK CEM. ASSN.

29 N.J. 193 (1959)

148 A.2d 488

CHARLES FRANK, TRADING AS WOODBRIDGE MONUMENT WORKS, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. CLOVER LEAF PARK CEMETERY ASSOCIATION, A CORPORATION, DEFENDANT-RESPONDENT AND CROSS-APPELLANT. CLOVER LEAF PARK CEMETERY ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. CHARLES FRANK, TRADING AS WOODBRIDGE MONUMENT WORKS, DEFENDANT-APPELLANT AND CROSS-RESPONDENT. LAKE NELSON MEMORIAL PARK ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES FRANK, TRADING AS WOODBRIDGE MONUMENT WORKS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 16, 1959.

Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for appellant and cross-respondent, Charles Frank, trading, etc. (Messrs. Hofstra & Hofstra, attorneys).

Mr. David Landau, Deputy Attorney General, argued the cause amicus curiae (Mr. David D. Furman, Attorney General of New Jersey).

Mr. Samuel Kaufman argued the cause for defendants and cross-appellants Clover Leaf Park Cemetery Association and Lake Nelson Memorial Park Association (Messrs. Kaufman, Kaufman & Kaufman, attorneys; Mr. Andrew L. Kaufman, of counsel).

The opinion of the court was delivered by FRANCIS, J.

Certification was granted to review the determination of the Chancery Division of the Superior Court with respect to the validity of certain rules and regulations and allegedly ultra vires commercial practices of the defendant Clover Leaf Park Cemetery Association.

The plaintiff Charles Frank has been engaged in selling and installing bronze and granite cemetery markers, plaques and monuments for...

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