Dolph v. . White

Assuming that Gilbert, the payee of the note, or the plaintiff, the bearer, could maintain an action against Stevison upon his agreement in the lease from White to him and Wallace, upon the authority of Barker v. Bucklin (2 Den., 45), and the cases therein cited, it will not follow that this action can be maintained against the defendant, the assignee of Stevison, one of the lessees. If the holder of the note could maintain an action against Stevison upon his promise in the lease to pay the note, the action would rest upon principles entirely aside from any which relate to lessor and lessee…