Samuel Stores v. Queen City Credit Clothing Corp.

Order affirmed, with ten dollars costs and disbursements. All concur, except Crosby, J., who dissents and votes for reversal in the following memorandum: Plaintiff is a corporation of which the predecessors in its business were partners doing business under the assumed name of Queen City Credit Clothing Company. Plaintiff was incorporated by the same persons who had done business under that assumed name, but they chose to incorporate under the name of The Samuel Stores. Defendant was legally incorporated under a name almost identical with the name formerly assumed by those who incorporated…