 | Charles Sidney Whitman - 1875 - 814 páginas
...Equity, by Hare & Wallace, 3d edit., 837;) 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... | |
 | 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 páginas
...delivering the opinion of the court, said: "Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is...to be extended, by implication, beyond the terms of the contract. To the extent, and in the manner, and under the circumstances pointed out in his obligation,... | |
 | 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 - 1908 - 604 páginas
...building. (2 Brandt on Suretyship (3 Ed.), sec. 748.) Nothing is clearer both upon principle and authority, than the doctrine that the liability of a surety is...to be extended by implication beyond the terms of the contract. (Cougliran v. Bigelow, 9 Utah 260, 266, and cases cited; Victor SM Co. v. Crockiucll,... | |
 | Nevada. Supreme Court - 1878 - 524 páginas
...of Miller Y. Stewart, (9 Wheat., 702): "Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is...pointed out in his obligation, he is bound, and no further. It is not sufficient that he may sustain no injury by a change in the contract, or that it... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1878 - 764 páginas
...appellant, and that of HA Patterson and MS Prichard for the respondent. For the appellant it was argued, that the liability of a surety is not to be extended by construction, and that the act of Parker was a mere trespass, for which he was liable as a person,... | |
 | Isaac Grant Thompson - 1879 - 886 páginas
...existed between the appellant and appellee. The appellant being a surety, can only be bound by the very terms of his contract. To the extent and in the manner...circumstances pointed out in his obligation he is bound, but no further. If he does not assent to an alteration of the terms of his undertaking, it ceases,... | |
 | 1879 - 552 páginas
...entirely reversing the well known rule that the contract of a surety is to be strictly construed; that to the extent, and in the manner and under the circumstances pointed out in his obligation, he is bound and n» further; that he has aright to stand upon the very terms of his contract. 9 Wheat. 680" Reversed.—... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1879 - 714 páginas
...SCHOOLS, etc. OFFICIAL BOND— LIABILITY OP SURETIKS— DEFICIT OCCURRING PRIOR TO EXECUTION OF BOND. — The liability of a surety is not to be extended by implication beyond the terms of his contract. The undertaking of a surety upon the official bond of township treasurer, is that the principal shall... | |
 | 1909 - 2094 páginas
...their undertaking. Said Justice Story: "Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is...beyond the terms of his contract. To the extent and in tue manner and under the circumstances pointed out in Ills obligation, he is bound, and no further.... | |
 | 1880 - 920 páginas
...Appropriation of Payments. — Such expressions as " the obligation of a surety shall be strictly construed," "the liability of a surety is not to be extended by implication beyond the terms of his contract," and others of like import, abound in the books.2 Though the rule of strict construction in favor of... | |
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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. 
