199 A.D. 807
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 1922
Appellate Division of the Supreme Court of the State of New York · decided 1922-02-10
Appeal by the defendant, Henry C. Zaro, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of May, 1921, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 2d day of May, 1921, denying defendant’s motion for a new trial made upon the minutes.
Cited by 1 later decisions — most recently April 1930
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1922-02-10
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¶1I dissent. The transfer of the marks to the credit of the defendant in the Dresdner Bank did not perform the agreement to transfer the marks to the Berlin savings bank; therefore, the plaintiff was entitled to recover back the money she paid to defendant. I, therefore, am of opinion that the judgment and order should be affirmed.
¶2Dowling, J., concurs.
¶3Judgment and order reversed and new trial ordered, with costs to appellant to abide event.