Magee Et Al. v. Manhattan Life Insurance Company

Mr. P. Phillips for the plaintiffs in error. The sureties were discharged, because the non-communication to them of the past indebtedness of the agent was, under the circumstances stated in the plea, an undue concealment. 1 Story's Eq., sect. 215; Smith v. Bank Scotland, 1 Dowl. 272; Railton v. Mathews, 10 Cl. & Fin. 934; Montague v. Titcomb, 2 Vern. 518; Shepherd v. Beecher, 2 P. Wms. 288; Rees v. Barrington, 2 Ves., Jr., 540; Thompson v. Bank Scotland, 2 Shaw's App. Cas. 316; Lee v. Jones, 7 C. B. N. S. 500; Phillips v. Foxhall, Law Rep. 7 Q. B. 666. And because the agreement to appropriate the commissions to such indebtedness was a material variation of the obligation on which they consented to be bound, and it tended to increase the risk they had assumed. 1 Story's Eq., sects. 218, 324; Pidcock v. Bishop, 3 B. & C. 605; North-western R.R. v. Whinray, 26 Eng. Law & Eq. 488; Miller v. Stewart, 9 Wheat. 682; Peck v. Durett, 9 Dana, 488; McWilliams v. Mason, 6 Duer, 276; Mayhew v. Boyd, 5 Md. 102; Burge on Suretyship, 15.