PEH344

A, who was impoverished, pawned his gold items, which had been made for him by a well-known goldsmith, at a pawnshop. When he traveled, he gave the pawn ticket to a friend, B. B regretted that over the years, the interest (at 6 percent annually) would consume the pawned items. He went to C, a wealthy man, and asked him to lend him the money to redeem the pledges. C granted his request; B brought the items to C, who kept them with his own belongings. After some time, A returned from his journey. He was still in poor circumstances and asked C to sell the items and give him the surplus from the proceeds compared to the pawn amount. During the sale, it turned out that the items C intended to sell were made of copper. A couldn't remember what his own gold items looked like. Chija Cohen de Lara ruled that A must swear that he had bought the items as gold from a reputable goldsmith (further evidence for his claims being the high appraisal from the pawnshop); C must swear that the items had been continuously under his careful custody. Then B would bear the loss.

3

1756-04-01

Abendana de Britto, Isaac Chaim