PEH581

PEH581

36

A owed B 2000 Gulden, and B owed the same amount to C. When A wanted to repay B his debt, B asked him to immediately hand over the amount to C with a receipt. When A arrived at C's place, C was busy and had no time to issue the receipt. Therefore, he called two bystanders to witness that A had given him the money. Some time passed, the witnesses left, C died, and the guardians of his children relied on a note in C's books to demand the 2000 Gulden from B. Naturally, B had no receipt and now wanted to hold A liable for not having paid C with a receipt but in the presence of witnesses. David ben Raphael Meldola distinguishes in his judgment whether C's signature was known or not. In the first case, A would be responsible for the damage to B, but not in the second. However, the guardians would have to swear that C had not told them anything or left anything in writing stating that B had paid him. See '§ 131.

7

18

1776-01-06

1776-02-21

Meldola

Meldola, David ben Raphael

Salem

Salem, Salomo