 | 1883 - 710 σελίδες
...well settled, it is that the liability of sureties is not to be extended beyond the terms of their contract. To the extent and in the manner and under the circumstances pointed out in their obligation they are bound, and no further; they are entitled to stand on its precise terms. (People... | |
 | 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 - 1883 - 680 σελίδες
...A guarantor, like a surety, is bound only by the strict terms of his engagement, and his liability is not to be extended by implication beyond the terms of his contract. Brandt Suretyship and Guaranty, sees. 79, 98, 99, 102, and cases cited ; Barns v. Barrow, 61 NY 39.... | |
 | 1894 - 1170 σελίδες
...Story, delivering the opinion of the court, said: "Nothing can be clearer, both upon principle ani authority, than the doctrine that the liability of...to be extended, by implication, beyond the terms of the contract. To the extent, and m the manner, and under the circumstances pointed out in his obligation,... | |
 | 1884 - 1030 σελίδες
...it cannot be sustained. This court held, in Miller v. Stuart, 9 Wheat., 702 (§§ 729-735, infra), 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 a strict interpretation, and not to extend beyond the fair scope... | |
 | 1892 - 1150 σελίδες
...of a contract which lias been materially altered, and are ready to hold, with Mr. Justice STOUY. " that the liability of a surety is not to be extended by implication beyond the terms of the contract. To the extent and iu the manner and under the circumstances pointed out in the obligations... | |
 | 1895 - 1148 σελίδες
...fact, and upon It claim his discharge. As said by Mr. Justice Story in Miller v. Stewart, 9 Wheat. 081: "The liability of a surety Is not 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 the obligation,... | |
 | California. Supreme Court - 1884 - 740 σελίδες
...well settled, it is that the liability of sureties is not to be extended beyond the terms of their contract. To the extent and in the manner and under the circumstances pointed out in their obligation they arc bound, and no further; they are entitled to stand on its precise terms. (People... | |
 | 1884 - 934 σελίδες
...at least, which we do not decide, whether they are bound by this undertaking, since they are liable "to the extent, and in the manner, and under the circumstances pointed out in their obligation, and no further." Carson Opera-house Association v. Miller, 16 Nev. 328. Again, the... | |
 | Frederick Scott Wait - 1884 - 808 σελίδες
...Briggs v. Beach, 18 Vt. 115 ; Woodward v. Wyman, 53 Vt. 647. Magniac v. Thompson the court said : " Nothing can be clearer, both upon principle and authority, than the doctrine, that to make an antenuptial settlement void, as a fraud upon creditors, it is necessary that both parties... | |
 | 1899 - 1156 σελίδες
...construction are to be applied as are applied in the construction of other written instruments. His liability is not to be extended by implication beyond the terms of his guaranty as thus ascertained. The language used by him is, however, to receive a fair and reasonable... | |
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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. 
