Commercial Loan & Trust Co. v. Mallers

Mr. Presiding Justice Holdom

delivered the opinion of the court.

While it is true that there is no direct testimony of the authority of appellee’s son to sign his father’s name to the note of August 9, 1895, or to bind him as a guarantor thereof when the note of May 8, 1895, on which he was obligated as guarantor, was cancelled and surrendered by appellant in faith of the son’s having such authority from the father, yet there is proof in the record that appellee recognized the obligation which the son’s action in indorsing the note imputed to him, by a promise on his part to meet that…