Alderton v. Williams

Carpenter J.

Thisais the second time this suit has been before us. Our first decision will be found reported in 130 Mich. 626.

Plaintiff sues to recover $5,000, which he claims to have advanced as surety for defendants in payment of six notes on which he and defendants were the joint makers. After the former judgment was reversed in this court, defend*298ants elected to waive the benefit of their plea of the general issue, admitted the facts alleged in plaintiff’s declaration, and relied upon the facts stated in an accompanying notice for their defense. Those facts may be briefly stated as follows:…