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Home » Law Dictionary » A » ADVANCES

ADVANCES

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Moneys paid before or in advance of the proper time of payment; money or commodities furnished on credit; a loan or gift, or money advanced to be repaid conditionally. Vail v. Vail, 10 Barb. (N. Y.) 69. This word, when taken in its strict legal sense, does not mean gifts, (advancements,) and does mean a sort of loan; and, when taken in its ordinary and usual sense, it includes both loans and gifts,loans more readily, perhaps, than gifts. Nolan v. Bolton, 25 Ga. 355. Payments advanced to the owner of property by a factor or broker on the price of goods which the latter has in his hands, or is to receive, for sale. Laflin, etc., Powder Co. v. Burkhardt, 97 U. S. 110, 24 L. Ed. 973.

Law Dictionary – Alternative Legal Definition

contracts. Said to take place when, a factor or agent pays to his principal , a sum of, money on the credit of goods belonging to the principal, which are placed, or are to be placed, in the possession of the factor or agent, in order to reimburse himself out of the proceeds of the sale. In such case the factor or agent has a lien to the amount of his claim. 2. The agent or factor has a right not only to advances made to the owner of goods, but also for expenses and disbursements made in the course of his agency, out of his own moneys, on account of, or for the benefit of his principal; such as incidental charges for warehouse-room, duties, freight, general average, salvage, repairs, journeys, and all other acts done to preserve the property of the principal, and to enable the agent to accomplish the objects of the principal, are to be paid fully by the latter. Story on Bailm. 197; Story on Ag. 335. 3. The advances, expenses and disbursements of the agent must, however, have been made in good faith, without any default on his part. 4. When the advances and disbursements have been properly made, the agent is entitled not only to the return of the money so advanced, but to interest upon such advances and disbursements, whenever from the nature of the business, or the usage of trade, or the particular agreement of the parties, it may be fairly presumed to be stipulated for, or due to the agent. This just rule coincides with the civil law on this subject.

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