PEH393

PEH393

A and B, two wealthy merchants, entered into a partnership agreement, each contributing 50,000 florins. A remained in Amsterdam, while B went to India. It was agreed that each would send the other a shipload of local products, sell them at the destination port, and use the proceeds to purchase new goods for return shipment. When the first shipment from A arrived in India, B had no money to take delivery from the captain, who would only release the cargo for cash. B had lost his wealth due to political upheavals-a change of throne and war. The captain, who had received instructions from the court in Amsterdam, consulted with the authorities in India, then proceeded to sell the goods and purchase return cargo himself before sailing back. B sued A for breach of contract. A responded that the partnership was supposed to begin with the first exchange of shipments, which never took place, and that such events as political turmoil should affect the individual, not the partnership. Chija Cohen de Lara ruled in favor of B. The partnership had commenced with B's departure to India, and decrees from higher authorities were to be borne by the partnership.

4

40

1759-10-20

1760-03-18

Cohen

Cohen de Lara, Chija

Salem

Salem, Salomo