Bowen v. Atlas Oil Co., Inc.

Supreme Court of New Jersey

Bowen v. Atlas Oil Co., Inc.

30 A.2d 589, 129 N.J.L. 558, 1943 N.J. Sup. Ct. LEXIS 178

DecidedFebruary 25, 1943

StatusPublished

This text of 30 A.2d 589 (Bowen v. Atlas Oil Co., Inc.) 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

Bowen v. Atlas Oil Co., Inc., 30 A.2d 589, 129 N.J.L. 558, 1943 N.J. Sup. Ct. LEXIS 178 (N.J. 1943).

Pincite

Opinion

Per Curiam.

This suit is brought to recover the rent reserved in a written lease. The defendant was ousted by reason of the foreclosure of a taz sale certificate and sought and did recover by counterclaim the’rent it had paid in advance and before ouster. It also had judgment. The landlord appeals.

*559 If the landlord would avoid the loss of his rents he should have protected his property from the foreclosure of tax liens. He was a party to the Chancery proceedings and so was the defendant. It is too late to urge that the Chancery proceedings did not cover the precise property. Assuming, but not deciding, that the question was one for proof by the tenant, we think that it met its burden and the evidence supports the verdict. A suit for rent, after ouster by the municipality, is a strange anomaly in the pattern of justice.

The judgment is affirmed, with costs.

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Per Curiam.

This suit is brought to recover the rent reserved in a written lease. The defendant was ousted by reason of the foreclosure of a taz sale certificate and sought and did recover by counterclaim the’rent it had paid in advance and before ouster. It also had judgment. The landlord appeals.

*559 If the landlord would avoid the loss of his rents he should have protected his property from the foreclosure of tax liens. He was a party to the Chancery proceedings and so was the defendant. It is too late to urge that the Chancery proceedings did not cover the precise property. Assuming, but not deciding, that the question was one for proof by the tenant, we think that it met its burden and the evidence supports the verdict. A suit for rent, after ouster by the municipality, is a strange anomaly in the pattern of justice.

The judgment is affirmed, with costs.

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Bluebook (online)

30 A.2d 589, 129 N.J.L. 558, 1943 N.J. Sup. Ct. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-atlas-oil-co-inc-nj-1943.