Wheelock v. Berkeley

This is assumpsit, by appellant, against appellee, on two-promissory notes. The defense is, failure of consideration,, in that these notes were given in renewal of prior notes given by and to the same parties for the warranty of the soundness- and speed of a horse, which warranty was broken, and appelleewas thereby damaged more than the amount now due upon; the notes.

The questions arising upon rulings of the lower court discussed in the arguments before us, are: First, is the giving; • and acceptance of a subsequent note in lieu of a prior note, which is taken up and cancelled, a waiver of…