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APHORMES DIKE´

APHORMES DIKE´ (ἀφορμῆς δίκη was the action brought against a banker or moneylender (τραπεζίτης) to recover funds advanced for the purpose of being employed as banking capital. Though such moneys were also styled παρακαταθῆκαι, or deposits, to distinguish them from the private capital of the banker (ἰδία ἀφορμή), there is an essential difference between the actions ἀφορμῆς and παρακαταθήκης, as the latter implied that the defendant had refused to return a deposit entrusted to him, not upon the condition of his paying a stated interest for its use, as in the former case, but merely that it might be safe in his keeping till the affairs of the plaintiff should enable him to resume its possession in security. [PARAKATATHEKÉ.] The former action was of the class πρός τινα, and came under the jurisdiction of the Thesmothetae. The speech of Demosthenes in behalf of Phormio (Or. 36) was made in a παραγραφὴ against an action of this kind. See the Argument, and especially § § 11, 12, 44. Caillemer would include under the name ἀφορμὴ money lent by sleeping partners (en commandite) to merchants as well as bankers (9me Étude, p. 29).

[J.S.M] [W.W]

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