Majority
p. 723Robert M. Morgan et al., as Trustees of the Gratuity Fund, of the New York Produce Exchange et al., Respondents, v. Roy Andreae et al., Defendants, and John W. F. Neill, as a Copartner of Price, Waterhouse & Co., Appellant. Argued November 30, 1945; decided January 18, 1946.
p. 725
George S. Collins, Albert R. Connelly and Frank M. McGarry for appellant.
Robert H. Spelman for respondents.
Order affirmed, with costs, upon the ground that the plaintiffs, if not trustees of an express trust — a question we do not decide — are in any event persons “ with whom or in whose name ’ ’ the contract in suit was made for the benefit of another (Civ. Prac. Act, § 210). The second question certified .is answered in the affirmative. The first question certified is not answered. No opinion.
Concur: Loughban, ' Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Med alie, JJ.