Euclid Avenue State Bank v. Nesbit

The case is before us upon resubmission. Our re-examination of the record confirms the view expressed in the former opinion upon several of the questions presented. We therefore adopt the statement of the case and what was said upon these propositions in the former opinion, written by the late Justice Arthur, as follows:

“This was an action on a promissory note, made by the defendant to plaintiff. The defense was that the note was delivered conditionally. The case was tried and submitted to a jury, which returned a verdict in favor of defendant on June 19, 1923, upon which a judgment was…