 | United States. Supreme Court - Law reports, digests, etc - 1824 - 990 pages
...than the doctrine, that the liability of 1834. a surety is not to be extended, by implication, 'beyood the terms of his contract. To the extent, and in the...the circumstances, pointed out in his obligation, be is bound, and no farther. It is not sufficient that he may sustain no injury by a change in the... | |
 | Jacob D. Wheeler - Common law - 1836 - 644 pages
...AND SURETY. 1. ciple and authority, than the doctrine, that the liability of sure- «"re'y "•*» ty is not to be extended, by implication, beyond the terms of his ed stnctly contract. To the extent, and in the manner, and under the cir- °™£eise ™een cumstances,... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1847 - 680 pages
...appellant. The contract of a surety is to be construed strictly both in law and equity, and his liability is not to be extended by implication beyond the terms of his contract. He has a right to stand upon the very terms of his contract. Miller v. Stewart, 5 Con. Rep. SCUS 727.... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1898 - 796 pages
...the contract requires," and that " the surety has a right to insist that he is bound to tho extent, in the manner, and under the circumstances pointed out in his obligation, and no further." And Mr. Justice Vanderburgh cites Miller v. Stewart, 9 Wheat. 680, 703, and other... | |
 | Commerce - 1858 - 782 pages
...subsequently collected by his principal. And Mr. Justice Story, in delivering the opinion of the court said, " nothing can be clearer, both upon principle and authority,...manner, and under the circumstances, pointed out in hie obligation, he is bound, and no further. It is not sufficient that he may sustain no injury by... | |
 | Commerce - 1858 - 784 pages
...subsequently collected by his principal. And Mr. Justice Story, in delivering the opinion of the court said, " nothing can be clearer, both upon principle and authority,...implication, beyond the terms of his contract. To the exttnt, and in the manner, and under the circumstances, pointed out in his obligation, lie is bound,... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...73. The contract of a surely is to be construed strictly, both in law and equity; and his liability is not to be extended, by implication, beyond the terms of his contract. Miller v. Stewart et al., 9 Wheat. 680; 5 Cond. Rep. 727. 74. To the extent, and in the manner, and... | |
 | United States. Supreme Court - Law reports, digests, etc - 1861 - 704 pages
...marshal, 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,...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... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1841 - 688 pages
...1. The contract of a surety is to be construed strictly, both in law and equity, and his liability is not to be extended by implication beyond the terms of his contract. Reynotds v. Hall et al. 35 2. The sureties of the late State Treasurer, are not liable for his acts... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 696 pages
...this position, and think it cannot be sustained. This court held, in Miller v. Stuart, 9 Wheat. 702, that the liability of a surety is not to be extended, by implication, beyond the terms of his contract ; that his undertaking is to receive [ * 209 ] a strict interpretation ; * and not to extend beyond... | |
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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. 
