EXTENT OF OBLIGATION.
1S. The liability of a surety cannot exceed, in any event, that of the principal, though it may be less. The same rule does not apply to the remedies, which may be greater against %he surety, But, whatever may .be the lia, bility imposed upon the surety, it is clear that it caonot be extended by implication beyond the terms of the contract. His obligation is rtricticsimi juric, and cannot be extended be yond the precise terms of the contract. IO johns. N. Y. 180; 2 Penn. 27; 15 Pet. 187. The rule is thus laid down by the United, States Supreme Court: sureties are never held responsible beyond the clear and absolute terms and meaning of their undertakings, and presumptions and equities are never al lowed to enlarge, or in any degree to change, their legal obligations. 21 ileW. 66. And this rule has been repeatedly reaffirmed. 3 Kent, Consm. IOth ed. 183; 5 Hill, N. Y. 635 ; 11 N. Y. 598 ; 29 Penn. St. 460 ; 6 How. 296 ; 2 Wall. 235.
The remedies against the surety may be more extensive than .those against the prin cipal, and there may be defenoes open to the principal but not to the surety,—as, infancy or coverture of the principal,—which must be re garded as a part of the risks of the surety. 30 Vt. 122.
The liability of the surety extends to and includes all securities given to him by the principal debtor, the converse of the rule stated below in the case of collateral security given to the creditor. 26 Vt. 308. Thus, in Missouri a creditor is entitled in equity to the benefit of all securities given by the principal debtor for the indemnity of his surety. 18 Mo. 136 ; 19 Ala. N. s. 798 • 22 Miss. 87. If the surety receives money from the principal to discharge the debt, he holds it as trustee of the creditor. 6 Ohio, 80.
19. In general, the obligations of a surety are the same as' the obligations of the prin cipal, within the scope of tbe contract ; but the principal may be under obligations not im posed by the contract, but yet coming so close as to render the distinction a matter of some difficulty. The obligation must, therefore, be limited as to its subject-matter in time, and in amount may be limited in its opera, tion to a single act, or be continuous, and may include only certain liabilities.
In the ommon case of bonds given for the faithful discharge of the duties of an office, it is of course the rule that the bond covers only the particular term of office for which it is given, and it is not necessary that this should be expressly stated ; nor will the time be extended by a condition to be bound " during all the time A (the principal) con dimes," if after tbe expiration of the time A holds over merely as an acting officer, without a valid appointment. 3 Sandf. N. Y. 403.
The circumstances of particular cases may ex tend the strict rule stated above, as in the case of officers ann u ally appointed. Here, although the bond recites the appointment, if it is condi tioned upon his faithful accounting for money received before his appointment, the surety may be held. OBarnew. & C. 35 ; 9 Mass. 267. But the intention to extend the time, either by including past or future liabilities, ni ust clearly swear., and the condition of the bond in this particular is sometimes restrained by the re cital. 4 Boa. & P. 175 ; 4 Taunt. 593. Gene rally the recital cannot be enlarged and ex. tended by the condition. Theobald, Surety, 66, n. [b]. And where the recital sets forth an employment for twelve months, this time is not controlled by a condition, "from time to time annually, and at all times thereafter during the continuance of this employment,' although the employment is actually con tinued beyond the year. 6 East, 507 ; 2 Campb. 39; 3 id. 52 ; 2 Barnew. & Ald. 431; 2 Saund. 403 ; 2 Singh. 32; Theobald, Surety. 72 ; 8 Mass. 275 ; 7 Gray, Mass. I ; I All. Mass. 340.
So the obligation may cease by a change in the character of the office or employment, as where the principal who has given a bond for faithful discharge of the duties of clerk, is taken into partnership by the obligee, 3 Wile. 530 ; but an alteration in the character of the obligees, by taking in new partners, does net necessarily terminate the obligation. 10 Barnew. & C. 122. But where an essential change takes place, as the death of the obli gee, the obligation is terminated, although, the business is carried on by the executors. I Term, 18. Where one becomes surety for two or either of them, the obligation is ter minated by the death of one of the principals, 1 Bingh. 452 ; but this is where the obliga tion is essentially personal ; and where a bond' for costs was given by two as "defendants," the surety was not discharged by the death 'of one. 5 Barnew. & Ald. 261.