 | Illinois. Supreme Court - 1841 - 688 páginas
...1. The contract of a surety is to be construed strictly, both in law and equity, and his liability is not to be extended by implication beyond the terms of his contract. Reynotds v. Hall et al. 35 2. The sureties of the late State Treasurer, are not liable for his acts... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 696 páginas
...this position, and think it cannot be sustained. This court held, in Miller v. Stuart, 9 Wheat. 702, that the liability of a surety is not to be extended, by implication, beyond the terms of his contract ; that his undertaking is to receive [ * 209 ] a strict interpretation ; * and not to extend beyond... | |
 | 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 páginas
...Chitty on Cont. 529, 530. "Nothing," says Judge Story, "can be clearer, both on 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 in the manner, and under the circumstances, pointed... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 1548 páginas
...this action is an attempt to convert the guaranty for a year into a guaranty for life. The contract of a surety is not to be extended by implication beyond the terms in which it is expressed. Miller v. Stewart, 9 Wheat. 703 ; Melville v. Hayden, 3 Barn. & Aid. 593... | |
 | United States. Supreme Court - 1875 - 732 páginas
...authority, than the doctrine that the liability of u surety is not to be extended by implication beyond ihe terms of his contract. To the extent, and in the manner,...pointed out in his 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... | |
 | United States. Supreme Court - 1870 - 820 páginas
...to be construed as one of suretyship,* and, of course, to be construed strictly. The surety is bound in the manner and under the circumstances pointed out in his obligation. He may stand to its very terms, and if a variation is made without his assent, he is discharged. This... | |
 | 1875 - 438 páginas
...Stewart, 9 Wheat. 703, this court said : ' Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is...circumstances pointed out in his obligation, he is bound, and n0 further. * * * It is not sufficient that he may sustain no injury by a change in the contract, or... | |
 | Illinois. Supreme Court - 1873 - 656 páginas
...are involved here. The undertaking of a surety is to receive a strict interpretation. His liability is not to be extended by implication, beyond the terms...pointed out in his obligation, he is bound, and no further. Miller v. Stetrart et al. 9 Wheaton, 680. The third special plea, avers the payment over of... | |
 | Ohio. Supreme Court - 1873 - 518 páginas
...required by law be complied with, the bond is an escrow, and nothing more. The rule is well settled, that the liability of a surety is not to be extended by implication. State of Ohio v. Findley. 53] Miller v. Stewart, 9 *Wheat. 702; State of Ohio v. Crooks, 7 Ohio, 221,... | |
 | United States. Supreme Court - 1875 - 732 páginas
...In Miller v.Steicarf,* this court said: "Nothing can he clearer, hoth upon principle and authority, than the doctrine that the liability of a surety is not to be extended by implication beyond ihe terms of his contract. To the extent, and in the manner, and under the circumstances pointed out... | |
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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. 
