Advances


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Related to Advances: Cash Advances

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.

References in classic literature ?
There's a vaquero in yonder field," said Christie's escort, who was riding with her a little in advance of the others, "and those fellows know every trail that a horse can follow.
Ichabod, therefore, made his advances in a quiet and gently insinuating manner.
Other attendants there were of a different description; two or three large and shaggy greyhounds, such as were then employed in hunting the stag and wolf; as many slow-hounds of a large bony breed, with thick necks, large beads, and long ears; and one or two of the smaller dogs, now called terriers, which waited with impatience the arrival of the supper; but, with the sagacious knowledge of physiognomy peculiar to their race, forbore to intrude upon the moody silence of their master, apprehensive probably of a small white truncheon which lay by Cedric's trencher, for the purpose of repelling the advances of his four-legged dependants.
He tolerated my advances, at first lest it should seem that he was annoyed by my disparagement of his work.
But you see how compassionate heaven sends aid in our sorest need; Don Gaiferos advances, and without minding whether the rich petticoat is torn or not, he seizes her and by force brings her to the ground, and then with one jerk places her on the haunches of his horse, astraddle like a man, and bids her hold on tight and clasp her arms round his neck, crossing them on his breast so as not to fall, for the lady Melisendra was not used to that style of riding.
For he truly engages in battle who endeavors to surmount all the difficulties and errors which prevent him from reaching the knowledge of truth, and he is overcome in fight who admits a false opinion touching a matter of any generality and importance, and he requires thereafter much more skill to recover his former position than to make great advances when once in possession of thoroughly ascertained principles.
In requiring more than a majority, and particularly in computing the proportion by STATES, not by CITIZENS, it departs from the NATIONAL and advances towards the FEDERAL character; in rendering the concurrence of less than the whole number of States sufficient, it loses again the FEDERAL and partakes of the NATIONAL character.
Monsieur de Troisville offered his arm to the happy woman, who endeavored not to lean too heavily upon it; she feared, as usual, to seem to make advances.
Not once did I have speech with Dejah Thoris, as she sent no word to me that I would be welcome at her chariot, and my foolish pride kept me from making any advances.
He replied to Jenssen's friendly advances in curt monosyllables.
But the cabman, too, is worth the sympathy of the judicious; for he was a fellow of genuine kindliness and a high sense of personal dignity incensed by drink; and his advances had been cruelly and publicly rebuffed.
What strange developments of humanity, what wonderful advances upon our rudimentary civilization, I thought, might not appear when I came to look nearly into the dim elusive world that raced and fluctuated before my eyes

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