Bednarsh v. Winshall

This is an appeal from judgment on the merits in a case in which we previously set aside a default. See Bednarsh v. Winshall, 364 Mich 113.

A jury was not demanded and the case was tried to the court. The declaration was on the common counts with a notice that thereunder plaintiff would offer in evidence 2 attached notes payable to him totaling $9,900.

Defendant’s answer admits the indebtedness in the following language:

“He was indebted to the plaintiff in the sum of nine thousand nine hundred ($9,900) dollars.” (Emphasis added.)

There is added the affirmative defense of payment as follows:

“Defen…