PEH752

A brought a very valuable silk garment to B before embarking on a long business trip, asking B to hold it for him. B then pawned the garment to C. When A returned, B had passed away. A approached C and demanded the immediate return of the garment, which was generally known to belong to him. Joseph ben Moses Alvares ruled that, since B was not the rightful owner but had acted like a thief, and since A had never relinquished ownership of his property, A was entitled to the garment. Furthermore, the concept of "transfer of possession" holds legal significance only in cases of sale or gift, not in pawn transactions. Therefore, A only owed C the amount of B's debt, but no more than the value of the silk garment. The heirs of B were liable for the damage to both A and C.

10

21

1790-04-02

1790-06-13

Acohen d'Azevedo, David