Holczstein v. Bessemer Trust & Savings Bank

On Rehearing.

BROWN, J.

The first question presented in appellants’ application for rehearing relates to the sufficiency of their plea 7—a plea of confession and avoidance—which not only in legal effect confesses the averments of the complaint declaring against defendants as joint makers, but in terms alleges “while on the face of the note sued on this defendant signed said note, he did so as a mere indorser, and not otherwise, and with the understanding between him and the plaintiff'that his liability on said obligation was not to be otherwise than that on the said original contract evidencing…