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Justinian I · The Digest of Justinian §14.3.20.pr

Debt Acknowledgment by Bank Manager and Exemption

Passage 2219 of 9271 · Latin

Summary

In a case where a bank manager issued a written acknowledgment of a debt in his master's name, it was questioned whether the manager was personally liable after the master's death; it was held that his action was within his duties to attest to the bank's credit and created no personal liability.

[SCAEUOLA libro quinto digestorum. ] §14.3.20.prLucius Titius mensae nummulariae quam exercebat habuit libertum praepositum: is Gaio Seio cauit in haec uerba: 'Octauius Terminalis rem agens Octauii Felicis Domitio Felici salutem.
[SCAEUOLA, from the fifth book of the Digests.] Lucius Titius had a freedman appointed as manager of the bank he was operating; this man gave security to Gaius Seius in these words: 'Octavius Terminalis, acting on behalf of Octavius Felix, to Domitius Felix, greeting.
habes penes mensam patroni mei denarios mille, quos denarios uobis numerare debebo pridie kalendas Maias. ' quaesitum est, Lucio Titio defuncto sine herede bonis eius uenditis an ex epistula iure conueniendi Terminalis possit.
You have in the hands of my patron's bank one thousand denarii, which denarii I shall be obliged to pay to you on the day before the Kalends of May.' The question was asked, upon the death of Lucius Titius without an heir and after the sale of his goods, whether Terminalis could be sued at law on the basis of the letter.
respondit nec iure his uerbis obligatum nec aequitatem conueniendi eum superesse, cum id institoris officio ad fidem mensae protestandam scripsisset.
He replied that he was neither bound at law by these words, nor did any equity remain for suing him, since he had written this in the capacity of a manager to attest to the credit of the bank.

Notes

  1. 14.3.20.prconueniendi — Although in the genitive form of the gerund (or gerundive), it is construed with the nominative Terminalis and the active verb possit, functioning in effect like the passive infinitive conueniri. Alternatively, it can be understood as part of a noun phrase meaning 'the right of suing (Terminalis)'. Many critical editions emend it to conueniri.
  2. 14.3.20.prrem agens — The present participle agens with the accusative rem, along with the genitive Octauii Felicis, means 'acting on behalf of/managing the business of Octavius Felix', indicating his status here as a manager (institor) or agent.
  3. 14.3.20.profficio — An ablative of manner, respect, or means, construed with the genitive institoris to mean 'in the capacity of a manager' or 'by virtue of the office of a manager'.

Cite this passage

Justinian I, The Digest of Justinian §14.3.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.3.20.pr

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