Profits

2 definitions found

From WordNet (r) 2.0 [wn]:

  profits
       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}, {earnings}]
       2: something won (especially money) [syn: {winnings}, {win}]


          [ant: {losings}]

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

  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. 
  203. 
       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, 
  48, 9. 
       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.