People ex rel. Columbia Chemical Co. v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the' 28th day of May, 1904, directed to John F. O’Brien, as Secretai-y of State of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in relation to the filing of a certificate of incorporation of “ The Columbian Chemical Company.”
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Certiorari issued out of the Supreme Court and attested on the' 28th day of May, 1904, directed to John F. O’Brien, as Secretai-y of State of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in relation to the filing of a certificate of incorporation of “ The Columbian Chemical Company.” The “ Columbia Chemical Company ” was duly incorporated in this State on the 17th day of March, 1902, and the object of such corporation is to manufacture, sell and deal in chemicals. On the 16th day of…
1Opinion of the Court
Chase, J.:
We are of the opinion that the name The Columbian Chemical Company ” so nearly resembles the corporate name of the relator that it is calculated to deceive and that the Secretary of State should have refused to file and record the proposed certificate of incorporation. (Gen. Corp. Law [Laws of 1892, chap. 687], § 6, as amd. by Laws of 1902, chap. 9.) The filing of the proposed certificate of incorporation is to effect an incorporation. (Gen. Corp. Law,. § 6.}. It is upon making, signing, acknowledging, and filing the certificate that a proposed corporation becomes a corporation.…
2Cases cited5 opinions
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