advances 音标拼音: [ədv'ænsəz] [ədv'ænsɪz]
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ADVANCES ,
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 .
Cowp .
R .
251 ;
2 Burr .
R .
931 ;
Liverm .
on Ag .
38 ;
Journ .
of Law ,
146 .
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 .
Sec .
335 .
3 .
The advances ,
expenses and disbursements of the agent must ,
however ,
have been made in good faith ,
without any default on his part Liv .
on Ag .
14 -
16 ;
Smith on Merc .
56 Paley on Ag .
by Lloyd ,
109 ;
6 East ,
R .
392 ;
2 Bouv .
list .
n .
1340 .
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 .
7 Wend .
R .
315 ;
3 Binn .
R .
295 ;
3 Caines '
R .
226 ;
1 H .
Bl .
303 ;
3 Camp .
R .
467 15 East ,
R .
223 ;
2 Bouv .
Inst .
n .
1341 .
This just rule coincides with the civil law on this subject .
Dig .
17 ,
1 ,
12 ,
9 ;
Poth .
Pand .
lib .
17 ,
t .
1 ,
n .
74 .
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