PEH134
Title
PEH134
Hirsch Summary
A sold goods to B for 4,000 florins, receiving 2,000 florins in cash and a promissory note for the remainder. B, together with C, was involved in a joint venture. A was aware of this arrangement. In the venture, 3,000 florins were lost, and C fled after the failure, leaving his share in the hands of his wife. When the promissory note was due, A went to B and demanded payment. B refused to pay, arguing that he was only liable as a co-debtor with C if A could not recover anything from C. Therefore, B offered to pay 1,500 florins, which included 1,000 florins representing his contribution to the venture and an additional 500 florins, as he also had to bear half of the 3,000 florin loss, totaling 1,500 florins. However, C's wife refused to pay. The promissory note issued privately by B showed that it was a private matter of B. Jacob Chiskijahu ben Chacham David Israel Athias rules that B must pay the full amount.
Volume
1
Local
134
Written Date
1738-09-20
Published Date (est.)
1739-02-09
Author Short Name
AthiasJ
Author
Athias, Jacob Chiskiyahu
Rector Short Name
AthiasD
Rector
Athias, David Israel
Collection
Citation
“PEH134,” Pri Ets Haim Amsterdam Responsa, accessed July 6, 2025, https://pehh.library.utoronto.ca/items/show/9792.