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Wilkinson v. McKimmie, 229 U.S. 590 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Wilkinson v. McKimmie, 229 U.S. 590 (1913)
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Wilkinson v. McKimmie No. 273 Argued May 1, 1913 Decided June 9, 1913 229 U.S. 590
ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
A court of equity looks to substance, rather than to form. Whether the contract of the principal has been so altered as to discharge the surety is to be decided according to the essentials.
In this case, held that an arrangement as to a reservation in a conveyance made simply to save expense of reconveyance and which did not alter the position of the principal or his surety was not such a material change as would discharge the surety.
36 App.D.C. 336 affirmed.
The facts, which involve questions of liability of sureties on a bond and what constitutes a variation of contract sufficient to release them, are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Wilkinson v. McKimmie, 229 U.S. 590 (1913) in 229 U.S. 590 229 U.S. 591. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=1V99V2KMXKJTGAP.
MLA:
U.S. Supreme Court. "Syllabus." Wilkinson v. McKimmie, 229 U.S. 590 (1913), in 229 U.S. 590, page 229 U.S. 591. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=1V99V2KMXKJTGAP.
Harvard:
U.S. Supreme Court, 'Syllabus' in Wilkinson v. McKimmie, 229 U.S. 590 (1913). cited in 1913, 229 U.S. 590, pp.229 U.S. 591. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=1V99V2KMXKJTGAP.
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