PEH448

PEH448

A commissioned his "factotum" B to buy 500 sacks of almonds and send them to London. He had not specified whether the transport should be insured. B insured the shipment and paid the premium. The ship ran into trouble, and among the things thrown overboard were the almonds. When A heard about it and complained about his loss to B, B said that he had taken out the insurance without authorization. In his anger, A dismissed B without notice for his unauthorized actions. B immediately told the insurer. Now, when A wanted the insurance money, the insurer refused to pay, stating that, since the agent was disavowed by his principal, the insurance contract was void. Moses ben Samuel Israel believes that the insurer has to pay, provided, however, that no trade usage stands in the way. [Because it is an important principle that, in all matters of trade, the customary expression and the constantly practiced trade usage are to be observed. In a place where neither a specific trade usage nor a customary expression can be established, one proceeds according to the decision of the sages.]??? ???? ???? ??? ???? ??? ???? ?????? ??? ???? ??? ??? ????? ???? ???? ????? ??? ???? ???? ???? ?? ???? ??? ???? ??????? ??? ?? ????? ?? ??? ????? ?? ????? ??? ?????? ????? ?????? ???

5

32

1764-09-29

1764-10-27

Israel

Israel, Moshe ben Samuel

Salem

Salem, Salomo