A Lost Promissory Note Could Mean A Lost Case (Siman 78:7)

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Saif 7, Mechaber: The lender lent money to the borrower based on a promissory note and stipulated the maturity date. The lender then lost the promissory note. The lender, or a third party who found the note, sued the debtor before the maturity date. The borrower claimed he repaid the debt and took back the promissory note from the lender and then lost it. In this situation, the lender or the third party holding the note cannot benefit from the legal presumption that a person does not prepay a debt.

NER EYAL: The legal presumption that a debtor does not prepay a loan is weakened by the loss of the promissory note and therefore does not apply.