CHAKGE   OP   NAME — PETITION   FOR.  71

same  business  as  respondent,  the  "  United  States  Mercantile
Reporting  Company,"  is  an  infringement  of  respondent's
name.^

Plaintiff  transacted  business  in  New  York  city  for  more
than  fifty  years  under  the  name  of  the  "  Farmers'  Loan  &
Trust  Company."  Defendant,  organized  under  the  laws  of
Kansas  in  1885,  under  the  name  of  the  "Farmers'  Loan  &
Trust  Company  of  K-ansas,"  established  an  office  in  New  York
city,  ,and  advertised,  omitting  from  its  name  the  words  "  of
Kansas."  The  court  held,  that  a  preliminary  injunction
should  issue  restraining  defendant  from  using  its  name  on
advertising  matter  without  the  words  "  of  Kansas."  ^

Sec.  41b.  Change  of  corporate  name — Application  to  supreme
court  for. — Any  incorporation,  incorporated  company,  society
or  association  organized  under  the  laws  of  this  state,  except-
ing banks,  banking  associations,  trust  companies,  life,  health,
accident,  marine  and  fire  insurance  companies,  may  apply  at
any  special  term  of  the  supreme  court  sitting  in  the  county
in  which  shall  be  situated  its  chief  business  office,  for  an  order
to  authorize  it  to  assume  another  corporate  narae.^

Sec.  41c.  Same — Petition  and  notice  of  application. — Such
application  shall  be  by  petition,  which  shall  set  forth  the
grounds  of  the  application,  and  shall  be  verified  by  the
chief  officer  of  the  corporation.  Notice  of  such  application
shall  be  published  for  six  weelis  in  the  state  paper  and  in  a
newspaper  of  every  county  in  which  such  corporation  shall
have  a  business  office,  or,  if  it  have  no  business  office,  of  the
county  in  which  its  principal  corporate  property  is  situated,
such  newspaper  to  be  one  of  those  designated  to  publish  the
session  laws ;  and  it  must  appear  to  the  satisfaction  of  the
court  that  such  notice  has  been  so  published,  and  that  the
application  is  made  in  pursuance  of  a  resolution  of  the  direc-
tors, trustees  or  other  managers  of  the  corporation  applying.*

1  In  re  United  States  Mercantile  sas,  21  Abb.  N.  C.  104  (1888);  8.  c.
