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§§ 33—5. Phormion pleads, as a bar to the suit, that the payment was conditional, and not binding on him if the ship should be wrecked. The reply is, that this non-payment is again conditional on the goods being put on board, which was not done. Therefore the actual wreck is no release from liability.

σωθείσης τῆς νεὼς Emphatic, as the condition of ἀποδοῦναι. Or. 32 § 5 οὐσῶν τῶν συγγραφῶν ὥσπερ εἰώθασιν ἅπασαι, σωθείσης τῆς νεὼς ἀποδοῦναι τὰ χρἡματα. Or. 56 § 31.—καὶ γὰρ κ.τ.λ. ‘very true; for it also bids you,’ &c.— πεντακισχιλίας, a very heavy ἐπιτίμιον (§ 26), and nearly double the amount due with interest (2600 dr., § 23). Kennedy thinks this was the penalty to which Phormion was bound, in case he neither shipped the goods at Bosporus nor paid the stipulated sum to Lampis. This he accounts for by the increased risk incurred by the lenders through the doubtful respecta bility of Lampis, who though he resided at Athens was a foreigner by extraction.

σὺ δὲ κ.τ.λ. You take exception to, or do not admit, this clause, viz. ordering you to ship the goods, and yet found an objection to my claims on the phrase σωθείσης τῆς νεώς, though you have yourself made the phrase null and void by not shipping the goods from Bosporus. Of course, the exemption from payment in the event of a wreck depended solely, in equity, on the heavy loss of the borrower's goods.

τοῦτο...τῆς συγγραφῆς 56 § 38 αὐτὸ τοῦτο τῆς ς.

ὁπότε γἁρ κ.τ.λ. Dum dicis. A causal use of ὁπότε, when time is not considered, but simply the allegation of a fact. So ὅπου is used inf. § 45. Or. 41 § 25 ὁπότε γὰρ καὶ νόμους ἔχω παρέχεσθαι,—τί δεῖ μακρῶν ἔτι λόγων; Compare also Or. 56 § 13, and ὁπηνίκα in Mid. § 42. Xen. Conviv. II § 12 οὔτοι τούς γε θεωμένους τάδε ἀντιλέξειν ἔτι οἴομαι ὡς οὐχὶ καὶ ἀνδρεία διδακτόν, ὁπότε αὕτη καίπερ γυνἡ οὖσα οὕτω τολμηρῶς εἰς τὰ είφη ἵεται. [Goodwin, Moods and Tenses, § 713, 1889.]

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hide References (4 total)
  • Commentary references from this page (4):
    • Demosthenes, Against Zenothemis, 5
    • Demosthenes, Against Spudias, 25
    • Demosthenes, Against Dionysodorus, 13
    • Demosthenes, Against Dionysodorus, 31
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