 | Law reports, digests, etc - 1886 - 890 pages
...agent, received a much larger amount of money than he would otherwise have done. It is well settled that " the liability of a surety is not to be extended by implication beyond the terms of bis contract: " Miller v. Stewart, 9 Wheat. 703; Joseph v. Orme, 6 Bos. & Pul., NR, 180; Metcalfv.... | |
 | 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,... | |
 | Law reports, digests, etc - 1903 - 1256 pages
...Stewart, 9 Wheat. 680, 6 L. Ed. 189, that 'nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is...out in his obligation, he is bound, and no further. It is not sufficient that he sustain no Injury by a change in the contract, or that it ev-ел may... | |
 | 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...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 contract, or it may be even for... | |
 | Law reports, digests, etc - 1903 - 1244 pages
...Stewart, 9 Wheat. 680, 6 L. Ed. 189, that 'nothing con be clearer, both upon principle and authority, than the doctrine that the liability of a surety is...under the circumstances pointed out in his obligation, be is bound, and no further. It is not sufficient that be sustain no injury by а change in the contract,... | |
 | United States. Supreme Court, Samuel Freeman Miller - Law reports, digests, etc - 1887 - 996 pages
...Stuart, 9 Wheat. 702, Mr. Justice Story said, nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is...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... | |
 | Law reports, digests, etc - 1920 - 1144 pages
...that the intention of the parties as expressed In the words used must control. And it is well settled that the liability of a surety is not to be extended by implication beyond the terms of his contract. [3] The manifest intention of the parties to the bond was to guaranty the faithful execution and completion... | |
 | 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... | |
 | Law reports, digests, etc - 1915 - 1320 pages
...the surety that he has undertaken more or other than that expressed in his contract, for it Is only to the extent and In the manner and under the circumstances pointed out in the contract to which he has become a party that he Is bound, and not further. Therefore, if the original... | |
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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. 
