I 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.
Dowling, J., concurs.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event.