.3

The further question then arises whether there is an undertaking to repay an advance of passage money. And if it constitutes a contract of service it affords some countenance. Mut Cases have been cited to show that such a contract is entered into. Others hold that it does not amount to such a contract.

In my opinion, an advance of money from one man to another for passage expenses, which the borrower is to repay out of his wages, does not amount to a contract of service, even though the arrangement be reduced to writing; but a similar advance which is to be worked out by service to the creditor or to persons whom the creditor may name constitutes a contract of service, even though the arrangement be not embodied in writing.

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