PEH616

PEH616

A and B jointly operated a business. After A's death, it was continued unchanged by B. Shortly before his death, B transferred A's business credit to C with the instruction to pass it on to A's son, D. C did so. Later, C was called upon for a surety he had taken for A. C wanted to hold D accountable and demanded payment from the estate funds. D refused to pay, stating that he was using the disbursed business credit for his mother's Ketubah, although the document had been lost. Therefore, it is inquired whether D would still be obligated if he had already paid his mother from it. Abraham ben David Fidanque decides that D must pay C from what remains of the disbursed credit for the surety debt. If he has already paid his mother from it, his obligation for reimbursement would not be lifted.

7

53

1778-12-13

1779-01-18

FidanqueA

Fidanque, Abraham ben David

Salem

Salem, Salomo