Legal Opinion

In re Barker

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1909PublishedCited by 3 opinions

Appeal by the petitioners, Wendell P. Barker and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of October, 1909, denying the petitioners’ motion for a' peremptory writ of mandamus.

1Opinion of the Court

McLaughlin, J.:

Wendell P. Barker and others, the appellants, desired to form a corporation under the Business Corporations Law of the State of New York* to do a general business as insurance agent or broker. They accordingly tendered to the Secretary of State a certificate of incorporation, together with the fees for filing and recording the same.' The name of the proposed corporation was stated in the certificate to be “Lloyds, New York, Incorporated.” The Secretary of State refused to file the certificate or accept the fees, on the ground that certain “ Lloyds ” companies were already…

2Cited by3 opinions

  1. Birdwell v. WatsonAppellate Division of the Supreme Court of the State of New York · 1945
  2. In re Antipoller Mutual Aid Society, Inc.New York Supreme Court · 1917
  3. In re Incorporation of Howard Aid SocietyNew York Supreme Court · 1916

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