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Ruling: It is not possible for def to preclude pl from suing him for a few reasons. Firstly, pl paid def directly, not through pp, and def sent the document enabling pl to use the credit directly to pl. This suffices to make it clear that pl has a direct financial relationship with def, not just that there are separate def-pp and pl-pp relationships.
Furthermore, pp acted as a shaliach (agent) of pl. In that case, the actions that pp took are treated as if they were done by pl, so that, again, the financial relationship is primarily between pl and def. The fact that pp took responsibility for payment if pl would not pay does not change this outlook. It just means that in addition to being an agent, she was also an areiva (a guarantor), which does not make pl less connected to def.
If there were a need, there is another construct through which to justify pl’s demand to receive payment from def. There is a Talmudic concept called shibuda d’Rabbi Natan (see Ketubot 19a). According to this concept, if Levi owes money to Shimon and Shimon owes money to Reuven, then Reuven can choose to receive payment from Levi instead of Shimon. Therefore, even if the obligation goes through pp, pl would still be able to demand the money from def. The gemara (ibid. 110a) uses a parable to explain that it is unnecessary to have two different payments, if one payment from Levi to Reuven can suffice to settle all the debts.
Therefore, for multiple reasons, pl has full standing to sue def.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
819 - P'ninat Mishpat: Damage from Renovations
820 - P'ninat Mishpat: Return of Down Payment Due to War – part I
821 - P'ninat Mishpat: Return of Down Payment Due to War – part II
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Beit Din Eretz Hemda - Gazit
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