[PAULUS libro quinto epitomarum Alfeni digestorum. ] §12.6.36.prSeruus cuiusdam insciente domino magidem commodauit: is cui commodauerat pignori eam posuit et fugit: qui accepit non aliter se redditurum aiebat, quam si pecuniam accepisset: accepit a seruulo et reddidit magidem: quaesitum est, an pecunia ab eo repeti possit.
[PAULUS, Book 5 of Epitomes of Alfenus' Digests.] A slave of a certain person, without his master's knowledge, lent a platter; the person to whom he had lent it pledged it and fled. The person who received it said he would not return it unless he received money. He received the money from the slave and returned the platter. The question was asked whether the money could be recovered from him.
respondit, si is qui pignori accepisset magidem alienam scit apud se pignori deponi, furti eum se obligasse ideoque, si pecuniam a seruulo accepisset redimendi furti causa, posse repeti: sed si nescisset alienam apud se deponi, non esse furem, item, si pecunia eius nomine, a quo pignus acceperat, a seruo ei soluta esset, non posse ab eo repeti.
He replied that if the person who had received the platter in pledge knew that a platter belonging to another was being pledged with him, he made himself liable for theft, and therefore, if he had received the money from the slave for the purpose of compounding the theft, it could be recovered. But if he had not known that a platter belonging to another was being pledged with him, he was not a thief; likewise, if the money had been paid to him by the slave in the name of the person from whom he had received the pledge, it could not be recovered from him.