Benesh v. Wolf

Supreme Court of New Jersey

Benesh v. Wolf

4 A.2d 523, 17 N.J. Misc. 35, 1934 N.J. Sup. Ct. LEXIS 70

DecidedJune 26, 1934

StatusPublished

This text of 4 A.2d 523 (Benesh v. Wolf) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benesh v. Wolf, 4 A.2d 523, 17 N.J. Misc. 35, 1934 N.J. Sup. Ct. LEXIS 70 (N.J. 1934).

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Opinion

BoniNE, J.

The conviction will be set aside for the reasons stated by Mr. Justice Heher in Lynch v. Long Branch, 111 N. J. L. 148.

The argument was made that the ordinance under which the conviction was had was not for revenue purposes. If not, then the ordinance was clearly beyond the legislative grant for the reasons stated by Mr. Justice Dixon in Cary v. North Plainfield, 49 N. J. L. 110, and continuously followed in this state. Modern business cannot be transacted by procuring licenses in every municipality where a delivery wagon may call. Until the legislature clearly expresses a purpose to authorize such municipal action, it does not exist.

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BoniNE, J.

The conviction will be set aside for the reasons stated by Mr. Justice Heher in Lynch v. Long Branch, 111 N. J. L. 148.

The argument was made that the ordinance under which the conviction was had was not for revenue purposes. If not, then the ordinance was clearly beyond the legislative grant for the reasons stated by Mr. Justice Dixon in Cary v. North Plainfield, 49 N. J. L. 110, and continuously followed in this state. Modern business cannot be transacted by procuring licenses in every municipality where a delivery wagon may call. Until the legislature clearly expresses a purpose to authorize such municipal action, it does not exist.

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Bluebook (online)

4 A.2d 523, 17 N.J. Misc. 35, 1934 N.J. Sup. Ct. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benesh-v-wolf-nj-1934.