[syn: winnings, win, profits]
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2 definitions retrieved:
WordNet (r) 3.0 (2006):
n 1: the excess of revenues over outlays in a given period of
time (including depreciation and other non-cash expenses)
[syn: net income, net, net profit, lucre, profit,
2: something won (especially money) [syn: winnings, win,
profits] [ant: losings, losses]
Bouvier's Law Dictionary, Revised 6th Ed (1856):
PROFITS. In general, by this term is understood the benefit which a man
derives from a thing. It is more particularly applied to such benefit as
arises from his labor and skill.
2. It has, however, several other meanings. 1. Under the term profits,
is comprehended the produce of the soil, whether it arise above or below the
surface as herbage, wood, turf, coals, minerals, stones, also fish in a pond
or running water. Profits are divided into profits a prendre, or those taken
and enjoyed by the mere act of the proprietor himself; and profits a rendre,
namely, such as are received at the hands of, and rendered by another. Ham.
N. P. 172.
3.-2. When land is devised to pay debts and legacies out of rents and
profits, the land may be sold; otherwise, if out of the annual rents and
profits. 1 Vern. 104, ca. 90.
4.-3. The natural meaning of raising by rents and profits, is by the
yearly profits but to prevent an inconvenience the word profits has, in some
particular instances, been extended to any profits the land will yield,
either by sale or mortgage; 1 Ch. Ca. 176; 2 Ch. Ca. 205; 2 Vern. 420; 1 P.
Wms. 468; Pre. Ch. 586; 2 P. Wms. 19; 2 Ves. Jr. 481, n.; 2 Bro. Par. Cas.
418; 1 Atk. 506. Id. 550; 2 Atk. 358 where cases on raising portions in the
life of parents and to the prejudice of the remainder-man are considered;
and vide Powell on Mort. 90, et seq. But in no case where there are
subsequent restraining words, has the word profit; been extended. Pre. Ch.
586, note, and the cases cited there; 1 Atk. 506; 2 Atk. 105.
5.-4. A devise of profit considered, at law and in equity, a devise of
the land itself. 1 Atk. 506; 1 Ves. 171 et vide 1 Ves. 42; 2 Atk. 358; 1
Bro. Ch. R. 310; 9 Mus. R. 372; 1 Pick. R. 224; 2 Pick. R. 425; 4 Pick. R.
6.-5. Where an assignment of rents and profits recites the intention of
the parties then to make a security for money borrowed, and there is a
covenant for further assurance, this amounts to an equitable lien, and would
entitle the assignee to insist upon a mortgage. 2 Cox, 233; S. C. 1 Ves. Jr.
162; see also 3 Bro. C. C. 538; S. C. 1 Ves. Jr. 477.
7.-6. Much doubt has arisen upon the question, whether the profit
expected to arise upon maritime commerce be a proper subject of insurance. 1
Marsh. on Ins. 94. In some countries, as Holland and France, Code de Com.
347, it is illegal to insure profits; but in England, profits expected to
arise from a cargo of goods may be insured. 1 Marsh. on Ins. 97.
8.-7. Personal representatives and trustees are generally bound to
account for all the profits they make out of the assets entrusted to them.
See Toll. Ex. 486; 1 Serg. & Rawle, 245; 1 T. R. 295; 1 M. & S. 412; Supp.
to Ves. Jr., Notes to Wilkinson v. Stratford, 1 Ves. Jr. 32 Paley on Agency,
9.-8. In cases of breach of contract, the plaintiff cannot in general
recover damages for the profits he might have made. 1 R. 85, 94; S. C. 3 W.
C. C. R. 184; 1 Pet. R. 172; see also 1 Yeates, 36; 11 Serg. & Rawle, 445.
10.-9. It is a general rule that any participation in the profits of a
trade or business, makes a person receiving such profits responsible as a
partner. Gow on Part.; 6 Serg. & Rawle, 259; 1 Com. on Contr. 287 to 293.
See generally on this subject, 3 W. C. C. R. 110; 15 Serg. & Rawle, 137;
Chit. on Contr. 67; 6 Watts & Serg. 139.
11. But it is proper to observe that to make one a partner he must have
such an interest in the profits as will entitle him to an account as it
partner; he must be entitled to them as a principal. A clerk who receives a
salary to be paid out of the profits would not be so considered, for there
is a distinction between receiving the profits as such, and a commission on
tile profits, and although this seems, at first sight, but a flimsy
distinction, it appears to be a well settled rule of law. 15 S. & R. 157; 6
S. R. 259; 1 Denio, 337; 20 Wend. 70; 3 M. Gr. & So. 32; 17 Ves. 404; 1
Camp. 329; 2 H. Bl. 590; 3 M. G. & S. 651; 3 Kent, Com. 25, note (b) 4th
ed.; Cary on Partn. 11; Colly on Part. p. 17; Addis on Contr. 451; 4 M. & S.
244; Russ. & Ry. 141; 3 M. & P. 48; 5 Taunt. 74; 4 T. R. 144. The Roman law,
Dig. 17, 2, 44; Poth. Pand. 17, 2, 4; and the French law, 5 Duv. Dr. Civ.
Fr. n. 48; 17 Dur. Dr. Fr. n. 332; Poth. du Contrat de Societe, n. 13,
recognize the same distinction. Such is also the law of Scotland. Burt. Man.
P. L. 178. When there are no stipulations to the contrary, the profits are
to be enjoyed, and the losses borne by all the partners in equal
proportions. Wats. Partn. 59, 60; Colly. Partn. 105; 6 Wend. 263; Story,
Partn. Sec. 24; 7 Bligh, R. 132; Wilson & Shaw. 16.
12.-10. A purchaser is entitled to the profits of the estate from the
time fixed upon for completing the contract, whether he does or does not
take possession of the estate. Sugd. on Vend. 353. See 6 Ves. Jr. 143, 352.
13. Profits among merchants are divided into gross profits and net
profits. The former are the profits without any deduction for losses; the
latter are the same profits, after having deducted all the losses. Story,
Partn. Sec. 34.