Austen v. Marzolf

Opinion bt

Mr. Justice Walling,

On February 1, 1926, John A. Marzolf presented a judgment note of $3,280 to the plaintiff, Robert E. Austen, purporting to be signed by himself and his father, Charles Marzolf (herein called the defendant). Plaintiff gave full value for the note which was payable ten days after date. The son, John, was in the automobile business and as such had other dealings with the plaintiff, but made no payment on the note and the latter caused judgment to be entered thereon on June 11, 1926, against both makers, and three days later, for the first time, called the…