A clerk who lost checks
Question
A customer gave a store owner checks for payment, and the store owner lost them. The customer acknowledges that the checks were not deducted from the account. Can the store owner demand that the customer pay him, or is it considered that the customer has already paid him?
Answer
Dear …
This is not considered that the customer has already paid, and he needs to pay the seller. This is on the condition that the buyer will not suffer any damage. Therefore, the seller needs to commit to the customer that if he suffers any damage, he will compensate him.
Source
Pischei Teshuvah, section Choshen Mishpat, chapter 54
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