Guthrie v. Rowan

1. This was a suit upon a promissory note given by the defendant for the purchase-price of a horse. The defendant filed a plea of failure of consideration; but she will not be heard to set up that defense, as she expressly waived any such right that she may otherwise have had when she signed the note sued on, which contained an agreement that the consideration of the note was the purchase-price of a. certain horse bought by her from the plaintiff; that on account of the credit extended to her, she assumed all the risk, and that she purchased the horse on her own judgment and without any…