Heitmann v. Commercial Bank

This case has been before this court previously See Heitmann v. Commercial Bank, 6 Ga. App. 584 (65 S. E. 590). It will not be necessary to repeat the facts there stated; indeed, what is here said is to be read in connection with what is there said. The point decided when the case was here before was that there was error in disallowing a plea which set up that the note and the accompanying letter had never been delivered to or accepted by the bank as a complete, final contract, but were merely to be held by them, in the nature of an escrow, until another person, named Peeples, should affix…