ANDRE v. BEHA

Per Curiam.

Plaintiff as managing director for Northern Insurance Company of Moscow is not the real party in interest and may not maintain this action as such. ( Spencer v. Standard C. M. Corp., 237 N.Y. 479.)

As a stockholder suing in a representative capacity in the right of the corporation he has not made out a cause of action since no waste of corporate assets is threatened. ( Howes v. City of Oakland, 104 U.S. 450.)

The judgment should be affirmed, with costs.

HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN and LEHMAN, JJ., concur; CRANE, J., dissents; ANDREWS, J., not voting.

Judgment affirmed.