Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-02-20
COURT DECISIONS.
DloEsTED BY w. B. MARTIN.
tExclusively for virgin,an-Pilos.,
Notes Of Cases Recently Decided,
Which are Of Interest to
Our People.
KIRsCHBAUM & co. v. BLAIR.

h1HSC1tBAOM &c W. V. 6IAlR.
Supreme Court of Appeals of Virginia,
January 20, 1900.
A SURETY is BOUND ONLY AS SET
OUT IN HIS CONTRACT AND NO
FURTHER. ANY VARIATION
MADE IN 1T. WITHOUT THE
KNOWLEDGE OR CONSENT.
WHICH WILL PREJUDICE HIM
OR AMOUNT TO A NEW CON.
TRACT, DISCHARGES HIM A
WRITING MAY BE READ IN THE
LIGHT OF SURROUNDING CIR
SUBSTANCES. BUT NO WORDS
MAY BE ADDED TO IT.
This was an action on a bond to re-
cover of the sureties on it for the fail
ure Of the principal to keep a certain
contract to secure the faithful perform
ance of which rhe bond was given.
The courts says:
1t was contended by Blair and ia
cobs, the sureties for Weisiger & Bro,
that the advancements, or the greater
part Of them, made by Kirschbaum Sc
co. to WeiSiger were not authorized
by the terms Of the contract
between the parties, and, that,
therefore. they. as sureties on the bond.
were not bound for the balance claimed
by Kirschbaum & Co. and sued for in
this action.
1t is we'll settled that in the construc-
ton of the contract of q surety or guar
antor, as we'll as of every other con-
tract. the true question is what was
the intention of the parties as disclosed
by the instrument read In the light of
the surrounding circumstances? But
when the contract of a guarantor or
surety is duly ascertained and UNDER
stood from the written language in
,tAIx A.,.z
be brought strictly within the guaran-
ty, and the liability of the surtey can
not be extended by Implication. Their
liability is always strictissimi- juris and
cannot be extended by construction. To
the extent, and in the manner, and UNI
der the circumstances pointed out in
his obligation he Is bound, and no fur
ther. The undertaking of the surety Is
to receive strict interpretation and is
not to be extended beyond their fair
scope of it's terms.
In Blanton V. Commonwealth, Keith
p, says: THE correct rule says the
Supreme Court of the United States
e Wall, Supra) is that any variation
in the agreement to which the surety
has subscribed, which was made with
out the surety's knowledge or consent
and which may prejudice him, or which
may amount to n substitution of new
agreement for one subscribed, will dis
charge the surety"
The writing may be read by the light
OF the surrounding circumstances in or
der more perfectly to understand the
Intent and meaning of the parties; but,
as they have constituted the writing to
be the only outward and reliable ex-
preston Of their meaning, no other
words are to be added to 1t. nor sub
Stituted In Its stead. The duty Of the
court in such cases is to ascertain not
what the parties may have secretly in
tended, as contradstinguishcd from
what their words expressed. but what
is the meaning of the words they have
used.
Ordinarily a reference to what are
called surrounding circumstances is al
lowed for the purpose of ascertaining
the subject matter of a contract. or for
an explanation of the terms used, not
for the purpose of adding a new and
distinct undertaking."
In this case, with n provision in the
contract authorizing advances to Weis-
iger & Bro. when warranted" by their
accepted sales" plaintiffs in error not
only seek to enforce liability on de-
PENDANTS In error for large advances,
to their principals for private as we'll
as business purposes, before there were
accepted sales" advances before there
were any sales at all: but also an adj
vance before the contract went into ef-
feet.-9Fse -eHfefee=eliis= den1and=ft=wouf
nave " DC ileiu lldl d surety WAS DOuHu
for what his principal was bound, al
though 1t is not conceded that his liza
bilty is StrictiSsimi juris and that TO the
extent, and in the manner, and under
the circumstances pointed out In his
obligation he is bound, and no further.
Affirmed.
SPILLE v. w. B. & I. CO.
Supreme Court of Wisconsin.
January 9, 1900.
NEGLIGENCE IS NOT PRESUMED
FROM THE MERE FACT THAT A