Trautwein v. Bozzo, A--41
| Decision Date | 28 February 1956 |
| Docket Number | No. A--41,A--41 |
| Parties | Raymond TRAUTWEIN, Plaintiff-Respondent, v. James J. BOZZO and Modesto Bozzo, his wife, Defendants-Appellants. . Appellate Division |
| Court | New Jersey Superior Court — Appellate Division |
Martin L. Haines, Mount Holly, argued the cause for appellants (Dimon, Haines & Bunting, Mount Holly, attorneys).
Robert E. Dietz, Mount Holly, argued the cause for respondent (Powell & Davis, Mount Holly, attorneys; James M. Davis, Jr., Mount Holly, of counsel).
Before Judges CLAPP, JAYNE and FRANCIS.
The opinion of the court was delivered
The judgment is affirmed for the reasons expressed in the opinion of Judge Goldmann reported in 35 N.J.Super. 270, 113 A.2d 848 (Ch.Div.1955).
We feel constrained to add that the defendants sought for the first time in the litigation to invoke on this appeal the equitable doctrine of unclean hands adversely to the plaintiff's cause of action. While we believe that the presentation of that contention by the defendants is a 'matter constituting an avoidance or affirmative defense' to be averred within the import of R.R. 4:8--3, we do not doubt the right of the trial or appellate court to recognize, Sua sponte, the principle in the interests of justice and public policy where justified by the circumstances. Medical Fabrics Co. v. D. C. McLintock Co., 12 N.J.Super. 177, 79 A.2d 313 (App.Div.1951). We are not persuaded that the facts as resolved in the present action warranted the application of the principle.
To continue reading
Request your trial
-
Phx. Pinelands Corp. v. Davidoff
...cause for the invocation of the maxim by the chancellor," id. at 815, 65 S.Ct. 993, or an appellate court, Trautwein v. Bozzo, 39 N.J. Super. 267, 268, 120 A.2d 788 (App. Div. 1956). The maxim is based on public policy, Rasmussen v. Nielsen, 142 N.J. Eq. 657, 661, 61 A.2d 441 (E. & A. 1948)......
-
Berman v. Gurwicz
...the Restatement rule with approval. Also, in Trautwein v. Bozzo, 35 N.J.Super. 270, 113 A.2d 848 (Ch.Div.1955), aff'd 39 N.J.Super. 267, 120 A.2d 788 (App.Div.1956), the court Most jurisdictions hold to the broad general rule that one to whom a positive and definite representation concernin......
-
Berman v. Gurwicz
...since they were prepared by defendants. Trautwein v. Bozzo, 35 N.J.Super. 270, 282, 113 A.2d 848 (Ch.Div.1955), aff'd 39 N.J.Super. 267, 120 A.2d 788 (App.Div.1956). The most that can be said of the master deed in favor of the grantor is that it attempted to reserve the "party room" to itse......
-
Selective Builders, Inc. v. Hudson City Sav. Bank
...most strongly against the party preparing it. Trautwein v. Bozzo, 35 N.J.Super. 270, 113 A.2d 848 (Ch.Div.1955), aff'd 39 N.J.Super. 267, 120 A.2d 788 (App.Div.1956). See Summer v. Fabregas, 52 N.J.Super. 399, 145 A.2d 659 (App.Div.1958). Similarly, where in case of doubt as to the meaning ......