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17 N.J. Misc. 35

Benesh v. Wolf

Supreme Court of New Jersey

Decided June 26, 1934

Supreme Court of New Jersey · decided 1934-06-26

Relies on Lynch v. City of Long Branch · Cary v. Mayor of North Plainfield

Decided 1934-06-26

BoniNE, J.

¶1The conviction will be set aside for the reasons stated by Mr. Justice Heher in Lynch v. Long Branch, 111 N. J. L. 148.

¶2The 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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