Verschleiser v. Newman

Seabury, J. (concurring).

I concur. The circumstances disclosed by the record do not justify the conclusion that there was a surrender by operation of law of the lease to Aaron Newman. In the absence of such a surrender, Aaron Newman continued to be liable under the terms of the lease. In this-view of the case, the present action is merely an attempt to hold the defendant as surety for the default of Aaron Newman, and not for the default of Aaron Newman’s assignee. This is precisely the liability which the defendant assumed under his contract. I think we must assume that the assignor of the…