Spurlock v. Zaring

On August 24, 1922, appellee Zaring executed his note in the sum of $500, payable to C. M. Spurlock, due 12 months after date. Before its maturity Spurlock, by blank indorsement, transferred the note to appellant McCullough. McCullough sued both Zaring and Spurlock to recover the principal, interest, and attorney's fees due upon the note.

Zaring answered, pleading failure of consideration, fraud, and misrepresentation by the payee and his agent, Wayburn, in procuring such note, and further alleged that there was an agreement at the time of its execution that it should be returned to him in the…