 | United States. Supreme Court - 1824 - 952 pages
...the manner, and under the circumstances, pointed out in his obligation, he is bound, and no farther. It is not sufficient that he may sustain no injury...variation of it* and a variation is made, it 'is fatal. And Courts of equity, as well aa of law, have been in the constant habit of scanning the- contracts... | |
 | Jacob D. Wheeler - 1836 - 644 pages
...sustain no injury by a change in the Contract, or that it may be es-en for his benefit. i«i»«He has a right to stand upon the very terms of his contract;...variation of it, and a variation is made, it is fatal. And the courts of equity, as well as of law, have been in the constant habit of scanning the contracts... | |
 | Joseph Rockwell Swan - 1837 - 614 pages
...contract; or that it may even be for his benefit. He has a right to stand upon the very words of the contract; and if he does not assent to any variation of it, and a variation be made, it n fatal(6). It is the duty of the party to whom the surety is bound, to put him in possession... | |
 | 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 - 1898 - 796 pages
...Vanderburgh cites Miller v. Stewart, 9 Wheat. 680, 703, and other cases, to the proposition that — "It is not sufficient that he may sustain no injury...variation of it, and a variation is made, it is fatal." This is extreme ground, and we do not find it necessary to go so far in this case. See Preston v. Huntington,... | |
 | Asa Kinne - 1852 - 736 pages
...Price, 223. Archer v. Hale, 1 Moore ft Payne, 285. 4 Bing., 464, SC It matters not " that a surety may sustain no injury by a change in the contract,...variation of it, and a variation is made, it is fatal." — Miller v. Stewart 9 Wheaton, 680. Wright, v. Johnston, 8 Wendell, 512. Bank of Washington v. Barrington,... | |
 | Joseph Chitty - 1855 - 1120 pages
...surety may sustain no injury by a change in the contract, or that it may even be for his benefit. lie has a right to stand upon the very terms of his contract...not assent to any variation of it and a variation be made, it is fatal." And in Boston Hat Manuf. Co. ». Messingcr, 2 1'iek. 2:!5, 23fi. it was taken... | |
 | 1858 - 782 pages
...is not sufficient that he may sustain no injury by a change in the contract, or that it may be even for his benefit. He has a right to stand upon the...variation of it, and a variation is made, it is fatal." If the liability of the surety be varied by the act of the person to whom the surety is bound, without... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1858 - 812 pages
...is not sufficient that he may sustain no injury by a change in the contract, or that it may be even for his benefit. He has a right to stand upon the...variation of it, and a variation is made, it is fatal." If the liability of the surety be varied by the act of the person to whom the surety is bound, without... | |
 | Richard Peters - 1860 - 836 pages
...the extent, and in the manner, and under the circumstances pointed out in his obligation, the surety is bound, and no further. It is not sufficient that...variation of it, and a variation is made, it is fatal. Ibid. 75. Where a bond was given, conditioned for Liability and Discharge of the .Sureties in я Band.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1864 - 626 pages
...the manner, and under the circumstances, pointed out in his obligation he is bound, and no farther. It is not sufficient that he may sustain no injury...variation of it, and a variation is made, it is fatal." Miller v. Stewart, 9 Wheat. 680. In this case the second and third contracts were in writing, Judah... | |
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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. To the extent, and in the manner, and under the circumstances pointed... 
