surety's liability
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 22 U.S. 680 - Miller v. Stewart · 1824Most cited · 214 citing opinions
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 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 may even be for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal.