Ryan v. Berger

Plaintiffs submit that the complaint states a cause of action for the recovery of a gratuitous conditional deposit made by plaintiffs for the benefit of defendants who are third-party beneficiaries so that defendants’ allegation that they did not agree to the conditions of the deposit is immaterial and constitutes no defense. Plaintiffs’ brief points out that the defendants did not deny that the deposit was without consideration.

Plaintiffs did not plead that the deposit was gratuitous and we do not think that such an intent can fairly be inferred from the language used. Neither did the…