John Archibald Campbell

“ The surety's obligation must be and is definite; he is liable at once, or never; the articles are delivered, or they are not; if delivered, he is clear; if not delivered, he is at once liable to refund the money advanced, but nothing else.
5. The essential idea of having the money refunded in gross, apparent on the face of the paper, shows that it was a total non-performance alone which should charge the surety, and the mention of that sum necessarily excludes all other liability. ”

“ He was fully indemnified by his principals until after the settlement between the plaintiffs and Hopkins & Leach.
It is clear that the mere prolongation of the term of payment of the principal debtor, or of the time for the performance of his duty, will not discharge a surety or guarantor. There must be another contract substituted for the original contract, or some alteration in a point so material as in effect to make a new contract, without the surety's consent to produce that result. ”

“ In consequence of which, they made efforts to improve their work; but in June, 1849, the plaintiffs procured an examination to be made by three machinists and engineers, whose report upon the imperfection of the machinery was communicated to Hopkins & Leach and to the defendant, and who were required to amend their work. This notice and report were read to the jury, the defendant excepting to their competency. ”

“ Thompson, (above cited,) there was a guaranty of credit to January 1st, but the credit was, in fact, given to December 25th, and the surety was held discharged, although the principal was not called on to pay till January 1st. Judge Bronson says, (p. 542:) 'The fact that the credit was abridged only a few days is not important; cutting off a week is as fatal as though it had been a month.'
In 4 Barbour, 487, the contract was for a loan of five thousand dollars. The surety was held discharged, because the loan was made for a larger sum than the one specified. ”

“ Keating.
6 Beavan, 110, (13 L. J. N. S., Ch., 260; Jurist., 38; 4 Beavan, 379; 10 L. J. N. S., Ch., 395; 5 Jur., 164,) Bonsor v. Cox.
2 Comstock, 185, Walwrath v. Thompson, (6 Hill, 540 S.C..)
4 Barbour, 487, F. and M. Bank, Mich., v. Evan.
2 Keen, 638, (7 L. J. N. S., Ch., 90; 2 Jur., 62,) Calvert v. London Dock Co. ”