Shields v. Owens
Supreme Court of Pennsylvania
In the Court of Common Pleas of Philadelphia county, to which this was a writ of error, Thomas, Robert, John and David Shields, executors of Thomas Shields, deceased, brought this action to September Term, 1823, against John Owens, the defendant in error, to recover a sum of money alleged to be due under a cer-, tain agreement, bearing date the! 28th of July, 1817. It was agreed that the cause should be tried on the merits, without regard to the form of action or of the…
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In the Court of Common Pleas of Philadelphia county, to which this was a writ of error, Thomas, Robert, John and David Shields, executors of Thomas Shields, deceased, brought this action to September Term, 1823, against John Owens, the defendant in error, to recover a sum of money alleged to be due under a cer-, tain agreement, bearing date the! 28th of July, 1817. It was agreed that the cause should be tried on the merits, without regard to the form of action or of the pleadings. The charge of the President of the court below, which was filed agreeably to the directions of the act of…
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
There are certain rules of equity which deal favourably with the contracts of sureties; yet those rules do not seem to us *71strictly to apply to the present case. Shields, the testator, had his name upon the notes as indorser; but he did not receive the money, nor any part of it, nor was the original loan upon his credit, nor was he in any manner bound until induced to become indorser by a written stipulation of indemnity. As far as one may be called a surety, who, without personal interest or prospect of gain to himself, lends his credit, and…
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