 | United States. Supreme Court - 1882 - 798 pages
...even be for his benefit, He has a right to stand upon the very terms of his contract; and if he docs not a-ssent to any variation of it, and a variation is made, it is fatal. And courts of equilv, as well as of law, have l>ecn in the constant habit of scanning the contracts... | |
 | William Colebrooke - 1883 - 734 pages
...or that it may even be for his benefit. The surety has a right to stand upon the very terms of the contract ; and if he does not assent to any variation of it, and a variation is made, it is fata1.' Where the contract of suretyship is for a certain sum only, the surety is only liable to the... | |
 | Nova Scotia. Supreme Court - 1883 - 612 pages
...even be for his benefit. He has a right to stand upon the very terms of his contract, and if he do not assent to any variation of it, and a variation is made, it is fatal. ' So also in the note to the American edition of 1 L. <fe E. Reps., 8, it is said: "If the contract... | |
 | United States. Supreme Court - 1897 - 790 pages
...the Court. " 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,...variation of it, and a variation is made, it is fatal." In Reese v. United States, 9 Wall. 13, Mr. Justice Field, delivering the opinion of the court, said (p.... | |
 | 1884 - 1030 pages
...JUSTICE STORY. 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...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... | |
 | 1892 - 1150 pages
...further. It in not sufficient that ho may sustain no injury by a change in the contract, or that it may be For his benefit; he has a right to stand upon the...variation of it, and a variation 'is made, it is fatal." Miller v. Stewart, 9 Wheat. «SI. It will be observed, from the findings of the referee already quoted,... | |
 | 1894 - 1170 pages
...sufficient that he may sustain no injury by a change in the contract, or that it may even be for lus benefit He has a right to stand upon the very terms...variation of it, and a variation is made, it is fatal." 1 Brandt, Sur. § 03; 2 Pars. Cont. 10; Insurance Co. v. Johnson, 120 111. G22, 12 NE Rep. 205; Dobbin... | |
 | 1907 - 1164 pages
...contract, or that it may even be for bis benefit He has a right to stand upon the very terms of bis contract; and if he does not assent to any variation of it and the variation is made, it is fatal." 9 Wheat. <TL S.) 703, 6 L. Ed. 189. Since the publication of that... | |
 | 1887 - 988 pages
...upon principle and authority, than the doctrine that the liability of a surety is not to be extended beyond the terms of his contract. To the extent, and...variation of it, and a variation is made, it is fatal." Miller v. Stewart, 9 Wheat. 680. Such has always been the doctrine of this court. Judah v. Zimmerman,... | |
 | 1885 - 524 pages
...injury by a change in the contract, or that it may even be for his benefit. He has a right to staud upon the very terms of his contract; and if he does...variation of it, and a variation is made, it is fatal." Any mati-riiil variation of the contract with the principal discharges the surety : Full v. Serrill,... | |
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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... 
