 | United States. Supreme Court - 1870 - 816 pages
...Benson, 12 Gushing, 61: } 9 Wheaton, 702. Dec. 1864.] SMITH v. UNITED STATES. 235 Opinion of the court. a right to stand upon the very terms of his contract,...variation of it, and a variation is made, it is fatal. When the contract of a guarantor or surety is duly ascertained and understood by a fair and liberal... | |
 | United States. Supreme Court - 1870 - 820 pages
...v. Hud ion, 7 Id. 551. f Boston r. Benson, 12 Cushing, 61. J 9 Wheaton, 702. Opinion of the court. a right to stand upon the very terms' of his contract,...not assent to any variation of it, and a variation id made, it is fatal. When the contract of a guarantor or surety is duly ascertained and understood... | |
 | 1875 - 438 pages
...extent, and in the manner, and under the circumstances pointed out in his obligation, he is bound, and n0 further. * * * It is not sufficient that he may sustain...not assent to any variation of it and a variation IB made, it is fatal.' "To the same effect is Ludlow v. Simond, 2 Caines' Cases, 1. There is no more... | |
 | 1889 - 546 pages
...obligation of a surety is not to be extended beyond what the terms of the contract fairly import. A surety has a right to stand upon the very terms of his contract...assent to any variation of it, and a variation is made, such variation operates a release of the surety. In a case of a surety standing bound for the fidelity... | |
 | New York (State). Court of Appeals, Hiram Edward Sickels - 1872 - 788 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 see Gahn v. Niemcewicz's Executors (11 Wend., 312). By the contract of the defendant, he guaranteed... | |
 | United States. Supreme Court - 1875 - 732 pages
...obligation he is bound, and no further. . . . It is not sufficient that he may sustain no injury by u change in the contract, or that it may even be for...variation of it and a variation is made, it is fatal." To the same effect is I/inflow v. Simond.^ There is no more learned and elaborate case upon the subject.... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 pages
...doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of the contract. To the extent, and in the manner, and under...variation of it, and a variation is made, it is fatal." 1 Brandt, Snr. § 93; 2 Pars. Cont. Id; Insurance Co. v. Johnson, 120 111. 622, 12 NE Rep. 205; Dobbin... | |
 | Nevada. Supreme Court - 1878 - 524 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." To the same effect are Myers v. Edge, (1 Term. Eep., 25i), and Walsh et al v. Bailie, (10 Johns., 181).... | |
 | 1884 - 1912 pages
...elementary. He says : "Kothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended by implication...variation of it, and a variation is made, it is fatal." There is a class of cases, many of which have been cited by the learned counsel for the government,... | |
 | United States. Congress. House - 1882 - 810 pages
...and under the circumstances, pointed out in his obligation, he is bound, and no farther. • » » He has a right to stand upon the very terms of his...variation of it, and a variation is made, it is fatal. And courts of equity, as well as of law, have been in the constant habit of scanning the contracts... | |
| |
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... 
