 | Law reports, digests, etc - 1896 - 1164 pages
...Miller v. Stewart, 9 Wheat. 703, Story, J., delivering the opinion of the court, says: "Nothing can be clearer, both upon principle and authority, than...implication beyond the terms of his contract. To the extent, In the manner, and under the circumstances pointed out In his obligation, he Is bound, and no further.... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1904 - 778 pages
...sureties is distinctly set forth in Miller v. Stewart, 9 Wheat. 680, as follows : " Nothing can bu clearer, both upon principle and authority, than the...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 - 1904 - 1260 pages
...expresses the general proposition of law in relation to the liability of sureties as follows: "Nothing can be clearer, both upon principle and authority, than...to be extended by implication beyond the terms of hie contract. To the extent, and in the manner, and under the circumstances pointed out in his obligation,... | |
 | Law reports, digests, etc - 1904 - 746 pages
...contracts of sureties with considerable strictness." Ayers v. Hite, 97 Va. 4в. 84 SE Rep. 44. Toe liability of a surety Is not to be extended, by Implication,...contract. To the extent, and In the manner, and under the clrcurastances. pointed out in his obligation, he Is bonnd. and DO further. It is not sufficient that... | |
 | Law reports, digests, etc - 1904 - 1164 pages
...expresses the general proposition of law in relation to the liability of sureties as follows: "Nothing can be clearer, both upon principle and authority, than...surety is not to be extended by implication beyond tlm terms of his contract. To the extent, and in the manner, and under the circumstances pointed out... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1904 - 688 pages
...expresses the general proposition of law in relation to the liability of sureties as follows: "Nothing can be clearer, both upon principle and authority, than...liability of a surety is not to be extended by implication !>eyond the terms of his contract. To the extent, and in the manner, and under the circumstances pointed... | |
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - Law reports, digests, etc - 1910 - 858 pages
...complied with, or the guarantor will not be bound. It is a claim strictissimi juris." "Nothing can be clearer, both upon principle and authority, than the doctrine, that the liability of the surety is not to be extended, by implication, beyond the terms of his contract. To the extent,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1904 - 444 pages
...delivered the opinion of the court, and, after stating the case, proceeded as follows : — Nothing can be clearer, * - both upon principle and *authority, than the doctrine, that the liabil' -I ity of a surety is not to be extended, by implication, beyond the terms of his contract.... | |
 | George Washington Brandt - Suretyship and guaranty - 1905 - 980 pages
...respect a favorite of the law, and that a claim against him is strictissimi juris."83 Again: "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... | |
 | George Washington Brandt - Suretyship and guaranty - 1905 - 998 pages
...surety was not liable. "He was bound only by the express terms of his contract," said the court, "and to the extent, and in the manner, and under the circumstances, pointed out in his bond and the building contract to which it referred, and no further. * * It was a part of the terms... | |
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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. 
