Validity of Payment on Promissory Note with Bearer (Ordre) Clause

From: Rabbi Moshe Sofer

To: Rabbi Elazar

Description

The case concerned whether Shimon was obligated to pay Reuven 800 zahuvim allegedly not covered by a third-party note. The Chasam Sofer affirmed the lower court's ruling that Shimon takes an oath and is exempt, based on the implicit authorization of the bearer, the prohibition against courts suggesting arguments the plaintiff did not raise, the strong presumption of fraud from a five-year delay raised only after the key witness died, and secular-court releases confirming payment.

Source: Shu"t Chasam Sofer CM §6

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