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ROBERT 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.

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: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and MEDALIE, JJ.

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MORGAN v. ANDREAE, NEILL
(Jan 18, 1946)