 | Nevada. Supreme Court - 1885 - 532 σελίδες
...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,... | |
 | 1918 - 1234 σελίδες
...letter of his bond. As Justice Story said, in Miller v. Stewart, 9 Wheat. 6SO, 6 L. Ed. 189: "Nothing can be clearer, both upon principle and authority,...pointed out in his obligation, he is bound, and no farther. It is not sufficient that he may sustain no injury by a change in the contract, or that it... | |
 | 1886 - 846 σελίδες
...that he was compelled to suspend his business in consequence of it. Nothing can be clearer, both on principle and authority, than the doctrine that the...extended by implication beyond the terms of his contract: Blair т. Perpetual Ins. Co., 10 Mo. 686 [47 Am. Dec. 129]. If the design of the legislature, in prescribing... | |
 | 1886 - 890 σελίδες
...agent, received a much larger amount of money than he would otherwise have done. It is well settled that " the liability of a surety is not to be extended by implication beyond the terms of bis contract: " Miller v. Stewart, 9 Wheat. 703; Joseph v. Orme, 6 Bos. & Pul., NR, 180; Metcalfv.... | |
 | 1891 - 1138 σελίδες
...obligation of a surety cannot be extended by implication, beyond the terms of his contract. He is bound only to the extent, and in the manner, and under the circumstances pointed out in his obligation; and if the principal parties, without his consent, change the contract in a material part, so as to... | |
 | 1919 - 1046 σελίδες
...against him is strictissimi juris. Nothing con be clearer, both upon principle and authority, than that the liability of a surety is not to be extended by implication beyond the precise terms of his bond. To the extent and in the manner pointed out in his obligation, he is bound,... | |
 | 1903 - 1244 σελίδες
...Supreme Court of the United States in Miller v. Stewart, 9 Wheat. 680, 6 L. Ed. 189, that 'nothing con be clearer, both upon principle and authority, than...under the circumstances pointed out in his obligation, be is bound, and no further. It is not sufficient that be sustain no injury by а change in the contract,... | |
 | United States. Supreme Court, Samuel Freeman Miller - 1887 - 996 σελίδες
...marshal, erased his name from the bond. In Miller v. Stuart, 9 Wheat. 702, Mr. Justice Story said, nothing can be clearer, both upon principle and authority,...manner, and under the circumstances, pointed out in the obligation, he is bound, and no further. It is not sufficient that he may sustain no injury by... | |
 | 1920 - 1144 σελίδες
...that the intention of the parties as expressed In the words used must control. And it is well settled that the liability of a surety is not to be extended by implication beyond the terms of his contract. [3] The manifest intention of the parties to the bond was to guaranty the faithful execution and completion... | |
 | 1905 - 1028 σελίδες
...of a surety. As shown In Greenville v. Ormand, 51 8. C. 124: "The surety is bound, and only bound, to the extent and in the manner and under the circumstances pointed out In his obligation,' as stated by Mr. Justice Story, In Miller т. Stewart, 9 Wheat. 703 [6 L. Ed. 189]. This principle... | |
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STORY, in Miller v. Stewart, 9 Wheat. 703, is elementary. He says : "Kothing 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. 
