PEH329

A, purchased goods from B for 500 florins and paid immediately. The next day, A returned and canceled the purchase, and B tacitly agreed. When A went to retrieve his money on the third day, it had been stolen. A demanded compensation, arguing that since B had not offered the money the previous day, B should be considered a paid depositary. B claimed to have been an unpaid depositary. Moses Alvares ruled that B was liable for payment. Alvares elaborated in his decision on the significance of commercial customs in relation to the civil legal provisions of the Torah in general and specifically regarding the concept of "godly trust" (an advance payment).

3

1754-09-07

1755-01-13

Abendana de Britto, Isaac Chaim