O.C.G.A. § 10-6-83 (2019)

Annotations

JUDICIAL DECISIONS History of section. - Provisions of this section appeared for the first time in the statute law of this state in the Code of 1863. It has been embodied in the same language in every Code since adopted. Mitchell v. Georgia & Ala. Ry., 111 Ga.

760, 36 S.E. 971, 1900 Ga. LEXIS 714 (1900). Section applies only to agent with property interest. - Word “agent” as used in this section is to be construed as meaning an agent who has a property,

either general or special, in the personalty in the agent’s possession. Mitchell v. Georgia & Ala. Ry., 111 Ga. 760, 36 S.E. 971, 1900 Ga. LEXIS 714 (1900). This section has been construed as referring only to an agent who has a property either general or special in the personalty in the agent’s possession. Central of Ga. Ry. v. George P. Greene & Co., 41 Ga. App. 794, 154 S.E. 809, 1930 Ga. App. LEXIS 1101 (1930). Section does not contravene requirement that possession must be in plaintiff’s own right. - While at common law and under former Civil Code 1895, § 3886, mere possession of a chattel will give a right of action for any

interference therewith, such possession must be in the plaintiff’s own right, and not as agent of another. This rule was not contravened by former Civil Code 1895, § 3038. Mitchell v. Georgia & Ala. Ry., 111 Ga. 760, 36 S.E. 971, 1900 Ga. LEXIS 714 (1900). Agent’s possession will support principal’s possessory warrant. - Possession of personalty by an agent is actual, not constructive, possession by the principal and will support a possessory warrant by the latter against one who wrongfully and fraudulently takes possession thereof. Hillyer v. Brogden, 67 Ga. 24, 1881 Ga. LEXIS 122 (1881).

RESEARCH REFERENCES Am. Jur. 2d. 3 Am. Jur. 2d, Agency, § 226. C.J.S. 3 C.J.S., Agency, § 501 et seq. ALR. Right of purchaser from agent or dealer

in possession of article for purpose of demonstration or solicitation, without actual authority to sell, 57 A.L.R. 393.