
    C. Edward Pichler, Appellant, v. Benjamin Guinness et al., as Trustees under the Will of Ernest Thalmann, Deceased, et al., Copartners under the Firm Name of Ladenburg, Thalmann & Co., Respondents.
    
      Banks and banking — foreign exchange — action to recover amount paid for transfer of moneys to foreign country on ground of delay.
    
    
      Pichler v. Guinness, 217 App. Div. 386, affirmed.
    (Argued December 3, 1926;
    decided December 31, 1926.)
    Appeal from a judgment, entered July 19, 1926, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a verdict in favor of the defendant. The action was brought to recover the sum of $3,559.01, with interest from the 16th day of December, 1916, which amount the plaintiff had paid to the defendants in New York on that day for the transfer of 20,000 marks by wireless to the credit of the account of Pichler Estate with the Frankfurter Bank of Frankfurt, Germany. This transfer of marks was not effected by the defendants as ordered and on September 19, 1919, the plaintiff made demand by letter on the defendants for the return of this payment with interest. The defendants refused to repay the' amount' in American dollars and alleged that under the terms of the order for cable transfer dated December 18, 1916, no liability was to attach to the defendants nor to their correspondents for any loss or damage in consequence of any delay or mistake in transmitting the message or through any other cause beyond their control, and then alleged that, owing to the pendency of the war between the United States and Germany, communication was suspended for a period of time and that during such time they took no steps to procure the payment as agreed.
    
      William L. Woodward for appellant.
    
      Arthur B. Brenner and Edwin Kessler, Jr., for 1 respondents.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, McLaughlin, Andrews and Lehman, JJ. Dissenting: Pound and Crane, JJ.  