Dugan Bros. of New Jersey, Inc. v. Dunnery

Plaintiff sues to enjoin defendants from enforcing an ordinance which requires the payment of a license fee by peddlers and transient merchants. Plaintiff admits it is engaged in peddling within the village of Suffern. Plaintiff, in its complaint, asserts the ordinance is unconstitutional because it is discriminatory as against non-residents of the village, and further, that the license fee is excessive and is in effect a tax upon plaintiff’s business. On the trial plaintiff conceded that the ordinance was not discriminatory and counsel for plaintiff so states in his brief. It remains for…