PEH443

PEH443

18

Joseph Fernandez Nunez and David ben Abraham Chaim de Meza present the following: A and B, merchants in Amsterdam, wanted to jointly buy coffee and send it to France, specifically to their mutual business associate C in Bayonne. Since A had to travel to Hamburg prematurely, he entrusted the purchase to B. When B attempted to make the purchase, the price of coffee was one-third higher than the usual market price. However, cocoa was very cheap, and a price increase was expected. Therefore, he bought cocoa and loaded the goods - as agreed - onto two different ships. When A heard about this, he was very upset but did not express himself immediately. One ship sank, but the other arrived safely in Bayonne. The sale of cocoa brought great profit. A now wanted to have half of the profit, but refused to bear the share of the loss. He argued that B had acted arbitrarily in the purchase. B countered that it was not the nature of the cargo that caused the mishap but rather force majeure. David ben Raphael Meldola thoroughly examines the case and refers to similar cases in other responsa works, including: - The book "Serah Abraham" by Rabbi Abraham Jizchaki: Responsa IV, 24 and 29 - The book "Parach Matte Aron" by Rabbi Aron Perachia: Responsa I, 85 - The book "Dibre Riboth" by Rabbi Isaac ben Samuel Adarbi: Responsa No. 134 - The responsa of Isaac Sarucco from the present responsum work, No. 301, The responsa is cited as Part IV, Page 166. Isaac Sarucco is mentioned as deceased. - The responsa of Rabbi Jacob ben Israel Lebeth Levi: Chapter 10, Responsa No. 76 - The responsa of Rabbi Jomtob ben Akiba Zahalon: Responsa No. 95 and 129 - The responsa of Rabbi Moses ben Joseph Trani: Responsa No. 179 - The book "Majim Rabim" by Rabbi Raphael Meldola: Responsa IV, 20 - The responsa of Rabbi Solomon ben Abraham Hakohen: Responsa III, 65 and 69 - The Responsa work of Rabbi Samuel de Medina: David ben Raphael Meldola examines their similarity to our dispute. Eventually, he concludes that A is involved in both the damage and benefit of both parties. (see also 52, 600, 706)

5

27

1764-05-05

1764-06-01

Meldola

Meldola, David ben Raphael

Salem

Salem, Salomo