Bauschard Co. v. Fidelity & Casualty Co. of New York

Citations

• 21 Pa. Super. 370
• 1902 Pa. Super. LEXIS 360

Syllabus

<p>Practice, C. P. — Trial—.Reservation of question of law.</p> <p>A reservation of a question of law in the form, “ Whether there is any evidence in the case that will entitle the plaintiff to a verdict ” is a good reservation, if it in effect raises a question of law which determines the case.</p> <p>Principal and surely — Contract—Pelease of surety.</p> <p>A surety has the right to require a strict compliance with the terms of the contract of suretyship. Any alteration of the contract by the principal party without the consent of the surety is fatal to its validity,, as against the surety. This is true although the surety sustains no injury by the change and even if the change be for his benefit.</p> <p>It is a rule well established that the, surety shall not be bound beyond the extent of his engagement, which appears from the very terms of the contract and the nature of the transaction to have been in contemplation at the time of entering into it, and that his liability cannot without his consent be extended, enlarged or varied, either by the obligee or by operation of law.</p> <p>The right of the principal to postpone the fulfilment of the contract of suretyship is at variance with that of the surety to demand its punctual performance, or to perform it himself and sue for indemnity, and generally any act of the creditor which prevents the surety from insisting on the fulfilment of the contract as originally made, or which entitles the principal debtor to delay, is a ground of defense in an action against the surety.</p> <p>When a creditor makes an agreement, without the consent of the surety, by which he disables himself from bringing suit, he acts against equity and ought not to hold the surety responsible.</p>