Sizer Lumber Corp. v. Knapp

Staley, J.:

The petitioner is the Sizer Lumber Corporation which has presented to the Secretary of State for filing a certificate of merger, whereby it seeks to merge Robert R. Sizer & Company, another domestic corporation, and to assume the name of the latter cor*670poration. The Secretary of State declined to file the certificate, on the ground that the name which the petitioner proposed to assume did not contain words indicating that it was a corporation. Section 85 of the Stock Corporation Law of 1923 permits the merger of corporations where such corporations are engaged in similar activities…