New-York tribune., 1916-07-17
Architect and Associate
Ordered to Account for
Profits on Work.
BAD FAITH WITH
PARTNERS CHARGED
$l2,000,000 Buildings Designed
by Firm Include Grand Gen.
tral Terminal.

Whitney Warren. one of the fore
most American architects, who gained
new renown as deygner of the Grand
Central Terminal, and his partner,
Charles d. Wetmore, are declared by
Justice Delehanty, in a legal opinion,
to have been guilty of breach of
trust. The firm of Warren & Wetmore
is ordered by the cour. 10 account for
commissions on Sl2.000.000 worth of
work. including the Grand Central Ter
minal and the Hotel Blltmore, done
by them for the New York Central
Railroad
Bad faith in partnership relations
with Allen II. Stem, another archi-
tect, and the executors of Charles A.
Reed is charged by the court. In ef-
feet. Justice Delehanty says that War
rem e. Wetmore, having become asso-
oiated with the firm of Reed & Stem,
who had the original contracts for the
tremendous improvements undertaken
by the New York Central fifteen years
ago, seized all the work by virtue of
a new contract after the death of
Charles A. Reed.
Reed 4 Stem were engaged when the
Central undertook its terminal i'm
provement work and the construction
of new stations and power houses
along its electrified route IN 1901.
Three years later. according to Stem,
who brought the suit for an account
ing, Warren e. Wetmore made sugges-
tions which led the railroad TO ask
that that firm be included in the part
nership.
Four in New Partnership.
A new partnership, he relates, was
formed February s, 1904, which in
cluded the four architects. This firm
made a new contract with the railroad.
In November, 1911, Reed died. On
December 10, 1911. the railroad made
another new contract for the work, on
the ground that Reeds death had can
celled the old one. this time with War
rem e. Wetmore alone.
"A review OF the evidence" says
Justice Delehanty in his decision, con
vjnced me that the conduct of War
rem e. Wetmore in taking over the
work of the associated architects Tor
the benefit of themselves. was a breach
of the trust incident to the partner
ship relation"
Wetmore. Justice Delehanty contin-
ues. discussed in a general way with
an official Of the railroad the effect
Reeds death might have on the con
tracts while returning from Reed s
funeral. At that time Wetmore dld
not suggest the court points out, that
a new contract was necessary. A
month later, when the new contract.
which eliminated Stem and the Reed
estate. was written in the private Of
fee of Warren & Wetmore, no copy
Of it was made for "the Associated
Architects" as the old firm had been
known.
There is scarcely any relation in
life" continues the justice. (which
calls for more absolute good faith
than the relation Of partners. Each
is the general agent Of the firm, with
power TO affect the interests of all.
Hence the law has thrown a protec-
tion around the partnership as such
by requiring that every advantage
which an individual can gain in the
business must inure to the benefit of
the firm.
High Standard for Partners.
"A purer and more elevated moral
ity is required of partners than the
common morality of the trade and the
standard by which they are tried in a
court of equity is far higher than the
ordinary standard OF business. Ques-
tonable dealing OF any kind will not
be tolerated.
"Tbe conclusion is irresistible that
the cancellation Of the old contract
and the making OF the new we're
brought about by the actions and at
ttude of Warren e. Wetmore, and, in
my opinion they violated their legal
obligation as surviving partners and
should be required TO account accord
ingly."
Justice Delehanty holds that, while
the death OF a partner makes a new
partnership necessary among the sur
viving partners, they must include
the estate of the deceased partner in
the division of profits on a work that
was going forward when he died.
Whitney Warren is one of the two
American architects who have been
honored by membership in the French
Institute. He was trained in the
Ecole des Beaux Arts in Paris and
was a founder of the Society Of
Beaux Arts Architects in the United
States. Both he and his wife have
been active in war relief work Mrs
Warren was indicted on a charge of