PEH319

PEH319

A, through the broker B, sold a batch of goods to a non-Jew for 10,000 florins with a three-month payment term. Later, A negotiated with the buyer to pay immediately at a discount (Skonto). The buyer demanded a 1.5% discount. However, the broker was willing to pay the sum immediately with only a 1% discount and paid A 9,900 florins against an appropriate receipt. When the broker went to collect the money from the non-Jewish buyer-requiring a trip by carriage-it turned out that A had already received the money from the buyer with a 1.5% discount. A only wanted to refund the broker 9,900 florins, arguing that the deduction of the discount constituted forbidden interest. Additionally, A refused to reimburse the broker for the collection costs. Chija Cohen de Lara ruled in favor of the broker, except for the carriage costs. However, he made his ruling conditional on the broker not only advancing the money but also assuming the del credere risk (the risk that the buyer might not pay).

3

1753-12-08

1754-03-24

Cohen

Cohen de Lara, Chija

Abendana

Abendana de Britto, Isaac Chaim