 | 1895 - 1196 pages
...injury by the change in the contract, or that It may be for his benefit. He has the right to stand on the very terms of his contract; and. If he does not...variation of It. and a variation is made, it is fatal." An agreement between the principal debtor and hie creditor, without the assent of the surety, to extend... | |
 | 1896 - 1164 pages
...liability of a surety is not to be extended by implication beyond the terms of his contract. To the extent, In the manner, and under the circumstances pointed...variation of It, and a variation Is made. It Is fatal. A court of equity, as well as of law, have been In the constant habit of scanning the contracts of... | |
 | 1896 - 1164 pages
...circumstances pointed out in his obligation, he is bound, and no further. It is not sufficient that lie may sustain no injury by a change in the contract,...assent to any variation of it, and a variation is mude, it is fatal. A court of equity, as well as of law, have been in the constant habit of scanning... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 808 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.... | |
 | Minnesota. Supreme Court - 1898 - 606 pages
...that he may sustain no injury by a change in the contract, or that it may even be for his benefit. Tie has a right to stand upon the very terms of his contract:...variation of it. and a variation is made, it is fatal." In Reese v. US, 9 Wall. 13, Justice Field, delivering the opinion of t lie court, said (page L'l): "It... | |
 | United States. Supreme Court - 1901 - 1416 pages
...a change in tbe contract, or that it may even be for his benefit. He has a right to stand upon tbe very terms of his contract; and if he does not assent...variation of it, and a variation is made, it is fatal." In Keese v. United States, 76 US 9 Wall. 18 [19: 541], Mr. Justice Field, delivering the opinion of the... | |
 | Idaho. Supreme Court - 1907 - 890 pages
...he may sustain no injury by a change in the contract, or that it may be for his benefit. He has the right to stand upon the very terms of his contract...variation of it, and a variation is made, it is fatal, and courts of equity, as well as law, have been in the constant habit of scanning the contracts of... | |
 | New York (State). Courts - 1903 - 950 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; Antisdel v. Williamson, 165 K Y. 375. They can limit their 15 ability... | |
 | Robert Stewart Morrison - 1904 - 796 pages
...Story said: "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... | |
 | United States. Supreme Court - 1904 - 444 pages
...the circumstances, pointed out in his obligation, he is bound, and no further. It is not sullicient, that he may sustain no injury by a change in the contract,...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... | |
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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... 
