Legal Opinion

Miller v. Stewart

Supreme Court of the United States

Decided February 28, 1824PublishedCited by 233 opinions

1Opinion of the Court 1

22 U.S. 680 (1824)

9 Wheat. 680

MILLER

v.

STEWART and others.

Supreme Court of United States.

March 10, 1824.

Mr. Wood, for the plaintiff.

Mr. Coxe, contra.

2Opinion of the Court · StoryJustice Story

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. 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…

3Cases cited2 opinions

  1. Speake & Others v. U. StatesSupreme Court of the United States · 1815
  2. Cutts v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812

4Cited by233 opinions

  1. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  2. McCluskey v. . CromwellNew York Court of Appeals · 1854
  3. Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
  4. Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
  5. Equitable Surety Co. v. United States Ex Rel. McMillanSupreme Court of the United States · 1914

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