[Download] "Lucky Calendar Co. v. Cohen" by New Jersey Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Lucky Calendar Co. v. Cohen
- Author : New Jersey Supreme Court
- Release Date : January 24, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The plaintiff, Lucky Calendar Co. Inc., an organization engaged in the business of promotional advertising, brought this action seeking a declaratory judgment under N.J.S. 2 A:16-50 et seq., determining that its sales promotional program bearing its trade-mark "Lucky Calendar" is not a lottery within the prohibition of the Lottery Act, N.J.S. 2 A:121-1 et seq., or an activity in violation of the Raffles Licensing Law, R.S. 5:8-50 et seq., or any other criminal statute of this State. This action grew out of the fact that the defendant, the County Prosecutor of Camden County, when he learned of the proposed sales promotion planned by the plaintiff for the Acme Super Markets operated by the American Stores Company within his county, advised the plaintiff that the scheme was of doubtful validity and appeared to have the characteristics and elements of a lottery within the prohibition of our law; and that the plaintiff and its customer, the American Stores Company, would be subject to criminal proceedings, if the "Lucky Calendar" was sponsored and conducted in Camden County. In order to avoid exposing itself and its customer to the operation of our criminal laws, it instituted this action. In answer to the complaint the county prosecutor denied that the proposed activity is a lawful sales promotion and that it does not violate the Lottery Act or the Raffles Licensing Law. The parties stipulated the facts in lieu of taking testimony and the matter was submitted to the trial court for determination on the counter motions for summary judgment.