PEH131

PEH131

36

A owed B 1,000 florins, and B owed C the same amount. When A wanted to pay B, B requested that A pay this amount directly to C in exchange for a receipt. C did not issue a receipt but had two witnesses present. After C's death, the debt of B was still recorded in C's books. The guardians of C's orphans therefore demanded the amount from B. The witnesses had moved away. Jacob ben Abraham Bassan decides that A must swear that he delivered the money to C, and the guardians must swear that they did not find a receipt. In this case, B would lose his claim against A but would still have to pay C's heirs. However, if C's signature was so well-known that a receipt signed by him would be easily recognized, then A would be liable for the unauthorized alteration of the arrangement. See 581.

1

131

1738-07-14

1738-11-13

BassanJ

Bassan, Jacob ben Abraham

AthiasD

Athias, David Israel