Gibraltar Factors Corp. v. Slapo, A--309
| Decision Date | 05 September 1956 |
| Docket Number | No. A--309,A--309 |
| Citation | 41 N.J.Super. 381,125 A.2d 309 |
| Parties | GIBRALTAR FACTORS CORPORATION, Plaintiff-Appellant, v. William SLAPO, Defendant-Respondent, and David Cohn, Escrowee. . Appellate Division |
| Court | New Jersey Superior Court — Appellate Division |
George H. Rosenstein, Newark, argued the cause for appellant (Thomas A. O'Callaghan, Newark, on the brief).
David Cohn, Paterson, argued the cause for respondents (Albert L. Cohn and George K. Reidy, Paterson, on the brief).
Before Judges EWART, GRIMSHAW and PINDAR.
GRIMSHAW, J.S.C. (temporarily assigned).
The sole question raised by this appeal is the constitutionality of N.J.S. 2A:44--166, N.J.S.A. which statute appellant claims deprives it of its property without due process of law, in violation of section I of the Fourteenth Amendment to the Federal Constitution and Article I, Section I of the New Jersey Constitution. In brief, the statute gives to rentor a lien for unpaid rent for a period of not more than six months, on the machinery and other chattels of the rentee, and directs that this lien shall be paramount to and have priority over any title, lien, interest, mortgage, judgment or other encumbrance created or acquired after the machinery or other chattels are placed in the rented premises. A 'rentor' is defined as one who rents a mill, factory or loft to another for manufacturing purposes. A 'rentee' is defined as the one who rents the space.
The facts are not in dispute.
About July 1, 1954 the defendant Dura Plaque leased from the defendant Slapo premises in West Paterson, and went into occupancy. Thereafter, on September 7, 1954, the plaintiff Gibraltar Factors lent Dura Plaque $2,000, secured by a chattel mortgage. Dura Plaque defulted and Gibraltar foreclosed on the machinery covered by the mortgage. Slapo, at the same time, asserted a lien against the machinery for six months' unpaid rent in the amount of $900. By agreement between Gibraltar and Slapo the foreclosure sale was held in March of 1955, and the sum of $833 was realized. That amount was deposited with Slapo's attorney, pending a determination of the respective rights of Gibraltar and Slapo.
Gibraltar instituted suit in the county district court. Both Gibraltar and Slapo moved for summary judgment. At the argument the court granted Slapo's motion and denied that of Gibraltar. Gibraltar appealed.
It argues here that the statute is unconstitutional in that it fails to provide for notice to it of the...
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...of the law for over two years. Kessler is charged with knowledge of the enacted laws of the State. See Gibraltar Factors Corp. v. Slapo, 41 N.J.Super. 381, 125 A.2d 309 (App.Div.1956), aff'd 23 N.J. 459, 129 A.2d 567 (1957), app. dism. 355 U.S. 13, 78 S.Ct. 44, 2 L.Ed.2d 20 (1957) (statute ......
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...Red Bank Bd. of Ed. v. Warrington, 138 N.J.Super. 564, 568-569, 351 A.2d 778 (App. Div.1976); Gibraltor Factors Corp. v. Slapo, 41 N.J.Super. 381, 384, 125 A.2d 309 (App. Div.1956), aff'd. 23 N.J. 459, 129 A.2d 567 (1957). Thus N.J.S.A. 2A:102-10 and 11 automatically became a part of these ......
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