February 25, 2016 - Same Sounding

Latin idem sonantes: 

idem sonans (I-dem soh-nanz), n. [Latin] (1848) A legal doctrine preventing a variant spelling of a name in a document from voiding the document if the misspelling is pronounced the same way as the true spelling. [Cases: Names C=16.] Black's Law, 9th.

That may true for misspelled names such as Bird or Byrd or Smith or Smyth, but what about Ben Dover and BEN DOVER? This is not a matter of spelling, it's a matter of "style," the way the names are written, not the way they are spelled. They sound the same, but are they the same entity?

As a matter of practice, the names of corporations, legal entities, are "styled" in all capital letters.

If you make this an issue in court be sure to make it an issue of "style" not spelling.


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