ὑποθεῖναι κ.τ.λ. ‘To pledge or even to sell at the market value’ (‘for such price as can be obtained,’ Kennedy). It seems here a synonym of καθεστώσης.
[“I doubt whether ὑπαρχούσης here = καθεστώσης, ‘the market value.’ Rather it is = ἣ ὑπάρχει αὐτοῖς, ‘such price as they can get,’ i.e. the lenders may sell without reserve, absolutely: it shall not be competent to the borrowers to say that the goods should have realised a larger sum and were sold below their value. Of course equity or custom, if not written law, would oblige the lenders to use ordinary diligence in obtaining the best price, and to do so would be for their own interest; for, if the proceeds of the sale did not cover the debt, their only remedy would be against the estates of their creditors.” F. H. Baynes.]
καὶ ἐάν τι κ.τ.λ. ‘And if there is any deficiency in the money which is due to the lenders under the agreement, it shall be lawful for the lenders, both or either of them, to levy the amount by execution against (reading κατὰ) Artemon and Apollodorus and against all their property, whether on land or sea, wheresoever they may be, in the same manner as if a judgment had been recovered against them, and they had committed default in payment.’ Kennedy. [“Trans. if the proceeds of the sale do not cover the debt. I feel sure that ἐάν τι ἐλλείπῃ refers not to default or insufficient payment (ἐνδεία or ἐκδεία) on the part of the borrowers (as Mr Paley once supposed), but to the contingency of the proceeds of the sale falling short of the sum which the lenders ought to realise.” F. H. Baynes.]
