 | Law reports, digests, etc - 1891 - 1138 pages
...obligation of a surety cannot be extended by implication, beyond the terms of his contract. He is bound only to the extent, and in the manner, and under the circumstances pointed out in his obligation; and if the principal parties, without his consent, change the contract in a material part, so as to... | |
 | Law reports, digests, etc - 1919 - 1046 pages
...against him is strictissimi juris. Nothing con be clearer, both upon principle and authority, than that the liability of a surety is not to be extended by implication beyond the precise terms of his bond. To the extent and in the manner pointed out in his obligation, he is bound,... | |
 | United States. Supreme Court, Samuel Freeman Miller - Law reports, digests, etc - 1887 - 996 pages
...erased his name from the bond. In Miller v. Stuart, 9 Wheat. 702, Mr. Justice Story said, nothing can be clearer, both upon principle and authority, than...manner, and under the circumstances, pointed out in the obligation, he is bound, and no further. It is not sufficient that he may sustain no injury by... | |
 | Ontario. High Court of Justice - Law reports, digests, etc - 1887 - 876 pages
...defendants. During Hilary Sittings, February 10, 1886, Moss, QC and G. Macdonald. supported the motion. The liability of a surety is not to be extended by...under the circumstances pointed out in his obligation, he is bound, and no further. It is not sufficient that he may sustain no injury by a change in the... | |
 | Law reports, digests, etc - 1905 - 1028 pages
...of a surety. As shown In Greenville v. Ormand, 51 8. C. 124: "The surety is bound, and only bound, to the extent and in the manner and under the circumstances pointed out In his obligation,' as stated by Mr. Justice Story, In Miller т. Stewart, 9 Wheat. 703 [6 L. Ed. 189]. This principle... | |
 | Ontario. High Court of Justice - Law reports, digests, etc - 1887 - 900 pages
...defendants. During Hilary Sittings, February 10, 1886, Moss, QC and G. Macdonald. supported the motion. The liability of a surety is not to be extended by implication beyond tho terms of his contract. To the extent, and in the manner, and under the circumstances pointed out... | |
 | Law reports, digests, etc - 1886 - 832 pages
...Insurance Co. v. Ely, 2 Cow. 678. In the case of Miller v. Stewart, 9 Wheat. 702, it is said " nothing can be clearer, both upon principle and authority, than...under the circumstances pointed out in his obligation, he is bound, and no further. It is not sufficient that he may sustain no injury by a change in the... | |
 | Law reports, digests, etc - 1915 - 1282 pages
...Wheat. 680, 61* Ed. 189: ' "Nothing can be clearer, both upon principle and authority, than the doetrine that the liability of a surety is not to be extended,...under the circumstances pointed out in his obligation, he is bound, and no further. It is not sufficient that he may sustain no injury by a change in the... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1911 - 700 pages
...Eng. Enc. of L. 466 ; 70 Ark. 3. 552 CRAWFORD v. OZARK INS. Co. [97 CE & HP Warner, for appellees. The liability of a surety is not to be extended by...under the circumstances pointed out in his obligation, he is 'bound and np further. 24 How. 315, 16 Law. Ed. 690; 15 Pet. 205, 10 Law. Ed. 713 ;"6 111. 582;... | |
 | United States. Supreme Court - Law reports, digests, etc - 1888 - 588 pages
...surety is to receive a strict interpretation, and not to be extended by implication ; that he is bound to the extent and in the manner and under the circumstances pointed out in his obligation, and no further ; that it is not sufficient that he may sustain no injury by a change in the contract,... | |
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Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. 
