In re The Bank of Attica — 35 N.Y. St. Rep. 708

Majority

p. 708

In the Matter of the Application of The Bank of Attica to change its corporate name.

(Supreme Court, General Term, Fifth Department,

Filed January 23, 1891.

Headnote

1. Banks—Change of name.

There is no general rule by which to measure the degree of similarity to be allowed in the names of two banking corporations. On application for a change of name, the question of similarity of the proposed name to that of another corporation simply addresses itself to the good sense and sound judgment of the court whether the similarity is so great that the assumption of the proposed name would be likely to prejudice the rights or the interests of the other corporation.

3. Same—Similarity.

There is no such similarity, either to the eye or ear, in the two names, “Buffalo Commercial Bank,” and “-Bank of Commerce in Buffalo,” as to threaten, in the proposed use of the former, any substantial injury or inconvenience to the bank bearing the latter name.

p. 709

Appeal by the Bank of Commerce in Buffalo from an order of the Brie special -term authorizing the petitioner to assume the name of the “Buffalo Commercial Bank”

George Clinton, for app’lt; Spencer Clinton, for resp’t.

The application was in all respects in accordance with the provisions of chapter 518 of the Laws of 1887. The petitioner, a banking association incorporated under the laws of this state by the name of “The Bank of Attica,” was originally located at the village of Attica, in Wyoming county, but, many years since, changed its place of business to the city of Buffalo, where it has ever since carried on the business of banking, without change of name. In 1889 another banking association, located at the village of Attica, was incorporated, under the laws of this state, by the name of “The Bank of Attica in Attica.” There were obvious reasons for a change of the name of the petitioner, and the new name chosen by resolution of its board of directors was “The Buffalo Commercial Bank.” Its application for leave to assume that name was contested by the Bank of Commerce in Buffalo, on the ground of the similarity of the two names. The order was granted at special term and the contestant appeals to this court.

Undoubtedly the petitioner would not be permitted to assume a name identical with that of any other bank or banking association in the same place, or so similar thereto as to give rise to confusion of the two names, or in any manner to deprive the other of the benefit of the prestige or “ good will ” which attaches to an established name. It is obvious that no general rule can be suggested by which to measure the degree of similarity to be allowed in the names of two corporations of this character. The question simply addresses itself to the good sense and sound judgment of the court whether, in the particular case, the proposed new name of the petitioner so nearly resembles that of the bank making the objection as that its assumption and use by the former would be likely to prejudice the rights or the interests of the latter.

The language of the statute in this respect is as follows: “If the court to which the application is made shall be satisfied * * * that there is no reasonable objection to such corporation changing its name, it may make an order authorizing it to assume the proposed new corporate name.” Laws of 1887, chap. 518, § 3. This plainly submits the decision to the careful discretion of the court.

In this case we can only say that our judgment concurs with that of the court at special term. There seems to us to be no such similarity, either to the eye or to the ear, in the two names, “Buffalo Commercial Bank” and “Bank of Commerce in Buffalo," as to threaten, in the proposed use of the former, any substantial injury or inconvenience to the bank bearing the latter name.

We think the order appealed from should be affirmed.

Order appealed from affirmed, with costs.

Macomber and Corlett, JJ., concur.