Shepherd v. McDonald

(concur-

ring).

Both sides concur in the view that this is a case of first impression. The Referee is of the same opinion as is the author of a note regarding the instant case published in the Virginia Law Review of April, 1946.1 My own independent research has likewise failed to bring to light any case directly in point.

There are four fundamental questions in this case — those relating to waiver, res ju-dicata, moral consideration, and the basis of the creditor’s suit in the state court. If that suit had been bottomed on the old debt the doctrine of waiver would have prevented the debt from…