 | 1905 - 1152 pages
...L. Ed. 189: "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...defendants were sureties, recited his appointment for eight towrships. Another township was interlined, and it was held that the interlineation discharged the... | |
 | 1914 - 1164 pages
...follows : ' "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 view of the rule thus defined, and it being apparent that the surety in this instance did not consent... | |
 | 1918 - 1238 pages
...sustain no injury by a change in the contract, or that it may even be for his benefit. Пе has the right to stand upon the very terms of his contract;...if he does not assent to any variation of it, and a yarintionaa made, it is fatal. And courts of equity, as well as of law, have been in the constant habit... | |
 | Ontario. High Court of Justice - 1887 - 876 pages
...further. It is not sufficient that he may sustain no injury by a change in the contract, or 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 The reason is, that the surety never made the contract upon which it is sought to charge him. The surety... | |
 | 1900 - 1242 pages
...extended by implication beyond the terms of his contract, and that he has the right to stand u. cm the very terms of his contract, and if he does not...variation of It, and a variation is made, it is fatal. See В undt, Sur. (1st Ed.it 79. But we ar • of the opinion that appellant does not stand, in this... | |
 | 1915 - 1282 pages
...61* Ed. 189: ' "Nothing can be clearer, both upon principle and authority, than the doetrine 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 People v. Vilas, 36 NY 459, 93 Am. Dec. 520, the principle applicable to the release of a surety is... | |
 | United States. Supreme Court - 1888 - 588 pages
...that he may sustain no injury by a change in the contract, or that it may be for his benefit ; that he has a right to stand upon the very terms of his...assent to any variation of it, and a variation is made, he is discharged, are so well settled as hardly to require a reference to cases. Miller v. Stewart,... | |
 | 1903 - 1258 pages
...for their benefit. They have a right to stand upon the very terms of their contract, and if they do not assent to any variation of it, and a variation is made, it is fatal. Miller v. Stewart, 9 Wheat. 680, 6 L. Ed. 189; Antisdel v. Williamson, 165 NY 375, 59 NE 207. They... | |
 | 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 - 1888 - 676 pages
...of their contract ; they have a right to stand upon the very terms of their contract, and if they do not assent to any variation of it, and a variation is made, it is fatal." There was no error in giving this instruction, for it states the law correctly, and was applicable... | |
 | Abraham Clark Freeman - 1889 - 996 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 the case of a surety standing bound for the fidelity... | |
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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... 
