The Law Dictionary

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CAPITAL, N Definition & Legal Meaning

Definition & Citations:

In political economy, that portion of the produce of industry existing in a country, which may be made directly available, either for the support of human existence, or the facilitating of production; but, in commerce, and as applied to individuals. it is understood to mean the sum of money which a merchant, banker, or trader adventures in any undertaking, or which be contributes to the common stock of a partnership. Also the fund of a trading company or corporation, in which sense the word “stock” is generally added to it. Pearce v. Augusta, 37 Ga. 509; People v. Feitner, 56 App. Div. 2S0, 07 N. Y. Supp. 893; Webb v. Armistead (C. C.) 26 Fed. 70. The actual estate, whether in money or property, which is owned by an individual or a corporation. In reference to a corporation, it is the aggregate of the sum subscribed and paid in, or secured to be paid in, by the shareholders, with the addition of all gains or profits realized in the use and investment of those sums, or, if losses have been incurred, then it is the residue after deducting such losses. See CAPITAL STOCK. When used with respect to the property of a corporation or association, the term has a settled meaning. It applies only to the property or means contributed by the stockholders as the fund or basis for the business or enterprise for which the corporation or association was formed. As to them the term does not embrace temporary loans, though the moneys borrowed be directly appropriated in their business or undertakings. And, when used with respect to the property of individuals in any particular business, the term has substantially the same import ; it then means the property taken from other investments or uses and set apart for and invested in the special business, and in the increase, proceeds, or earnings of which property beyond expenditures incurred in its use consist the profits made in the business. It does not, any more than when used with respect to corporations, embrace temporary loans made in the regular course of business. Bailey v. Clark, 21 Wall. 280, 22 L. Ed. 651. The principal sum of a fund of money; money invested at interest. Also the political and governmental metropolis of a state or country; the seat of government; the place where the legislative department holds its sessions, and where the chief offices of the executive are located.

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