Grant Lunch Corp. v. Driscoll
| Citation | 29 A.2d 888,129 N.J.L. 408 |
| Decision Date | 27 January 1943 |
| Docket Number | No. 248.,248. |
| Parties | GRANT LUNCH CORPORATION v. DRISCOLL. |
| Court | United States State Supreme Court (New Jersey) |
Proceeding by Grant Lunch Corporation against Alfred E. Driscoll, Commissioner of the State Department of Alcoholic Beverage Control, for a writ of certiorari to review proceedings and record of New Jersey Department of Alcoholic Beverage Control wherein prosecutor's plenary retail consumption license was suspended for five days for selling whiskey below the current fair trade price. On rule to show cause why writ of certiorari should not issue.
Writ dismissed.
October term, 1942, before CASE, DONGES, and COLIE, JJ.
Morris M. Schnitzer and Kasen, Schnitzer & Kasen, all of Newark, for prosecutor.
Edward J. Dorton, of Jersey City, for respondent.
Prosecutor seeks a writ of certiorari to review the proceedings and record of the New Jersey Department of Alcoholic Beverage Control wherein the commissioner adjudged that the prosecutor had sold a half gallon bottle of Hiram Walker's "93" rye Whiskey below the minimum consumer price and in violation of Rule 6 of State Regulation No. 30 and ordered that the plenary retail consumption license held by the prosecutor should be suspended for a period of five days. The parties have stipulated that in the event the court should direct a writ to issue the record now before us should be considered as returned pursuant to the writ, to the end that the merits of the controversy be now determined. The pertinent statutes are the Fair Trade Act, R.S. 56:4-3 et seq, N.J. S.A. 56:4-3 et seq, and ch. 208, Pamph. Laws 1938, N.J.S.A. 33:1-23.1 (). The commissioner promulgated rules and regulations designated "Regulation No. 30", Rules 1 to 8, inclusive, whereby a retail licensee was prohibited upon the penalty of revocation or suspension of license from selling or offering for sale any product covered by a contract between a manufacturer or wholesaler and any licensed New Jersey retailer except at the price stipulated in such contract or the price list accompanying the same, when the contract and price list should have been filed and published and duly bulletined.
On September 27, 1941, prosecutor, which was then the holder of a plenary retail consumption license at 197-201 Market Street and 6-8 Beaver Street, in the City of Newark, sold at that place by mistake and not willfully, but nevertheless in violation of a contract between Hiram Walker Incorporated, as manufacturer or wholesaler, and Gus Waldron Wine and Liquor Store, a licensed retailer, and price lists going therewith and the bulletins of the department bearing thereon, all duly circulated, a bottle of rye Whiskey at the price of $3.19 as against the current "fair trade" price of $3.29.
Prosecutor contends (1) that paragraph 6 of Regulation 30, where invoked to punish sales induced by innocent, non-negligent mistakes as to price, violates due process of law in that it does not express its scope and intended application...
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