Lender definition

Lender





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3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Lender \Lend"er\ (-[~e]r), n.
     One who lends.
     [1913 Webster]
  
           The borrower is servant to the lender.   --Prov. xxii.
                                                    7.


     [1913 Webster]

From WordNet (r) 2.0 [wn]:

  lender
       n : someone who lends money or gives credit in business matters
           [syn: {loaner}] [ant: {borrower}]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  LENDER, contracts. He from whom a thing is borrowed.
       2. The contract of loan confers rights, and imposes duties on the 
  lender. 1. The lender has the right to revoke the loan at his mere pleasure; 
  9 Cowen, R. 687; 8 Johns. Rep. 432; 1 T. R. 480; 2 Campb. Rep. 464; and is 
  deemed the owner or proprietor of the thing during the period of the loan; 
  so that au action for a trespass or conversion will lie in favor of the 
  lender against a stranger, who has obtained a wrongful possession, or has 
  made a wrongful conversion of the thing loaned; as mere gratuitous 
  permission to a third person to use a chattel does not, in contemplation of 
  the common law, take it out of the possession of the owner. 11 Johns. Rep. 
  285; 7 Cowen, Rep. 753; 9 Cowen, Rep. 687; 2 Saund. Rep. 47 b; 8 Johns. Rep. 
  432; 13 Johns. Rep. 141, 661; Bac. Abr. Trespass, c 2; Id. Trover, C 2. And 
  in this the Civil agrees with the common law. Dig. 13, 6, 6, 8; Pothier, 
  Pret …, Usage, ch. 1, Sec. 1, art. 2, n. 4; art. 3, n. 9; Ayliffe's Pand. B. 
  4, t. 16, p. 517; Domat, B. 1, t. 5, Sec. 1, n. 4; and so does the Scotch 
  law. Ersk. Pr. Laws of Scotl. B. 3, t. 1 Sec. 8. 
       3.-2. In the civil law, the first obligation on the part of the 
  lender, is to suffer the borrower to use and enjoy the thing loaned during 
  the time of the loan, according to the original intention. Such is not the 
  doctrine of the common law. 9 Cowen, Rep. 687. The lender is obliged by the 
  civil law to reimburse the borrower the extraordinary expenses to which he 
  has been put for the preservation of the thing lent. And in such a case, the 
  borrower would have a lien on the thing, and may detain it, until these 
  extraordinary expenses are paid, and the lender cannot, even by an 
  abandonment of the thing to the borrower, excuse himself from repayment, nor 
  is he excused by the subsequent loss of the thing by accident, nor by a 
  restitution of it by the borrower, without insisting upon repayment. 
  Pothier, Pret … Usage, ch. 3, n. 82, 83; Dig. 13, 6, 18, 4; Ersk. Pr. Laws 
  of Scotl. B. 3, t. 1, Sec. 9. What would be decided at common law does not 
  seem very clear. Story on Bailm. Sec. 274. Another case of implied 
  obligation on the part of the lender by the civil law is, that he is bound 
  to give notice to the borrower of the defects of the thing loaned; and if he 
  does not and conceals them, and any injury occurs to the borrower thereby, 
  the lender is responsible. Dig. 13, 6, 98, 3; Poth. Pret … Usage, n. 84; 
  Domat, Liv. 1, t. 5, s. 3, n. 3. In the civil law there is also an implied 
  obligation on the part of the lender where the thing has been lost by the 
  borrower, and after he has paid the lender the value of it, the thing has 
  been restored to the lender; in such case the lender must return to the 
  borrower either the price or thing. Dig. 13, 6, 17, 5; Poth. Id. n. 85. "The 
  common law seems to recognize the same principles, though," says Judge 
  Story, Bailm. Sec. 276, "it would not perhaps be easy to cite a case on a 
  gratuitous loan directly on the point." See Borrower; Commodate; Story, 
  Bailm. ch. 4; Domat. Liv. 2, tit. 5; 1 Bouv. Inst. n. 1078, et seq. 
  
  

















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