Humphreys v. Humphreys & Ryan, Inc.

Supreme Court of New Jersey

Humphreys v. Humphreys & Ryan, Inc.

166 A. 712, 11 N.J. Misc. 477, 1933 N.J. Sup. Ct. LEXIS 212

DecidedJune 21, 1933

StatusPublished

This text of 166 A. 712 (Humphreys v. Humphreys & Ryan, 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

Humphreys v. Humphreys & Ryan, Inc., 166 A. 712, 11 N.J. Misc. 477, 1933 N.J. Sup. Ct. LEXIS 212 (N.J. 1933).

Pincite

Opinion

Per Curiam.

The defendant appeals from an order striking its answer and entering judgment for the plaintiff. The action was brought for the reasonable value of the use and occupation •of premises known as No. 74 Main street, Woodbridge, New Jersey. The complaint alleges that the reasonable value was $320 a month. Judgment was entered for rent at the rate of $333.34 a month. Affidavits of realtors indicated $175, $190, $280 and $290 a month as a reasonable rental. The answer denied the allegation that $320 was the reasonable value of the use and occupation. Such denial seems neither sham or frivolous. The issue was clearly for the jury and not for the court.

The judgment is reversed.

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Per Curiam.

The defendant appeals from an order striking its answer and entering judgment for the plaintiff. The action was brought for the reasonable value of the use and occupation •of premises known as No. 74 Main street, Woodbridge, New Jersey. The complaint alleges that the reasonable value was $320 a month. Judgment was entered for rent at the rate of $333.34 a month. Affidavits of realtors indicated $175, $190, $280 and $290 a month as a reasonable rental. The answer denied the allegation that $320 was the reasonable value of the use and occupation. Such denial seems neither sham or frivolous. The issue was clearly for the jury and not for the court.

The judgment is reversed.

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Bluebook (online)

166 A. 712, 11 N.J. Misc. 477, 1933 N.J. Sup. Ct. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humphreys-v-humphreys-ryan-inc-nj-1933.