PEH938

73

A bachelor, living alone in a house with a servant and a maid, hesitated to leave his possessions in bonds at home when he went on a journey. He therefore entrusted them to B, who promised to keep the papers safe. When a gang of thieves was causing trouble in the city, and not a night passed without a break-in, B became fearful for the entrusted property and thus took the bonds to C, who had a number of strong, grown sons living with him. However, during a fire at C's house, the bonds were burnt. Joseph ben Moses Alvares orders B to pay damages since he cannot testify that the papers were burnt in his presence, and he cannot prove that A ever entrusted his valuables to C. B may demand an oath from C that C has nothing of the papers in his possession and that all have been burnt. See 310.

13

1

1806-09-18

1806-09-13

Acohen d'Azevedo, Daniel