- advance
- Noun: A payment made before it is due or by way of a loan. Something supplied as an aid in the performance of a contract or an undertaking such as the growing of crops on leased premises. 32 Am J1st L & T § 578. An approach to win favor; an overture. Verb: To move ahead. To pay before the maturity of the obligation. To make a loan. To supply with goods. To advance is to supply beforehand; to loan before the work is done or the goods made. Laffin & Rand Powder Co. v Burkhardt, 97 US 110, 24 L Ed 973; 17 Am J2d Contr § 281. As used in statutes giving a landlord a lien on crops for supplies or money advanced to his tenant to aid him in raising the crops, an advance is anything of value for use directly or indirectly in making and saving crops, supplied in good faith to the lessee by the landlord. But generally, in order that a landlord may have a lien for supplies furnished or money advanced, under such a statute, he must furnish or advance the same himself; and if he merely becomes a surety or guarantor for money advanced or supplies furnished by a third person, he is not entitled to a lien. If, however, the supplies are furnished the tenant by a third person solely on the credit of the landlord, they are in effect furnished by the landlord and he may claim a lien therefor. To fall within the statute the advances or supplies must be of some one or more of the articles enumerated in the statute, and for some one or more of the purposes mentioned therein. Otherwise there is no lien. 32 Am J1st L & T § 578.
Ballentine's law dictionary. Anderson, W.S.. 1998.