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TRENTON DRESSED POULTRY, INC. v. JAMSON, INC.

116 N.J. Super. 327 (1971)

282 A.2d 405

TRENTON DRESSED POULTRY, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. JAMSON, INC., A NEW JERSEY CORPORATION, T/A CHICKEN HOLIDAY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 12, 1971.

Attorney(s) appearing for the Case

Mr. Ernest J. Gikas argued the cause for appellant (Messrs. Madnick, Milstein & Mason, attorneys).

Mr. Peter W. Kenny argued the cause for respondents (Messrs. Reussille, Cornwell, Mausner & Carotenuto, attorneys).

Before Judges SULLIVAN, LEONARD and CARTON.

PER CURIAM.

We conclude that the trial court erroneously decided that defendant Jamson, Inc. was a de facto corporation from August 23, 1968 until December 31, 1968 when it secured legal status. The record does not support a finding that there ever had been any bona fide attempt to organize a corporation in the manner prescribed by statute (N.J.S.A. 14A:1-1 et seq.). Asplund v. Marjohn Corp., 66 N.J.Super. 255

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