Against Nausimachus and Xenopeithes
Demosthenes
Demosthenes. Vol. IV. Orations, XXVII-XL. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1936 (printing).
However, to prove that I am speaking the truth,—that our father died immediately after the settlement, that these men never brought suit against Demaretus for this money, and that he absolutely never went to sea, nor visited Bosporus, take the depositions.
The Depositions
Well then, that our father did not collect the money after the release; that no one would voluntarily have paid the money, if Demaretus had sent someone to get it; and that he himself neither put out to sea nor visited Bosporus, has been made clear to you from the dates and the depositions. I wish, then, to show you that their whole statement too of the case is absolute falsehood. They have written in the complaint which they are now prosecuting, that we owe the money, inasmuch as our father received it in payment, and passed it over to them as a debt due and payable in his account of his guardianship.
Take, and read me, please, the complaint itself.
The Complaint
You hear it stated in the complaint, inasmuch as Aristaechmus passed the debt over to me in his account of his guardianship. But, when they brought suit against my father in the matter of his guardianship, they wrote the very opposite of this; for they plainly charged him with not rendering an account.
Read, please, the complaint itself, which they then brought against my father.
The Complaint
In what account, pray, Xenopeithes and Nausimachus, do you now charge that he passed the debt over to you? For at one time you brought suit and demanded money on the ground that he rendered no account. But if it is to be permitted you to bring your malicious charge on both grounds, and at one time you collected money because he did not hand something over to you, and at another are suing him on the ground that he did hand it over, there is nothing to prevent your looking for some third ground after this, so as to commence proceedings afresh. But that is not what the laws state: they declare that suit may be brought once only against the same person for the same acts.