Mularkey v. Lucey

Layton, J.,

delivering the opinion of the Court:

This case comes before me on a motion for summary judgment filed in connection with an appeal by defendant below appellant, hereafter called Mularkey, from a judgment of a Justice of the Peace, awarding triple damages in a rent overcharge proceeding under Sec. 205(e) of the Emergency Price Control Act of 1942. Title 50 U.S.C.A. Appendix, § 925(e). Motion granted.

Affidavits in support of the motion filed by plaintiff below respondent, hereinafter called Lucey, disclose that prior to March 1, 1942, the so-called maximum rent date fixed by the Act,…