PEH134

PEH134

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.

1

134

1738-09-20

1739-02-09

AthiasJ

Athias, Jacob Chiskiyahu

AthiasD

Athias, David Israel