O.C.G.A. § 44-11-33 (2019)

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Ejectment, § 134 et seq.

C.J.S. 28A C.J.S., Ejectment, § 131 et seq.

CHAPTER 12 RIGHTS IN PERSONALTY Sec.

Article 1 In General Sec.

Partition of personal property.

Article 2 Choses in Action

“Chose in action” defined. Rights and remedies to enforce choses in action. Assignment of choses in action arising upon contracts. Assignment of a fund. What rights of action may and may not be assigned. Article 3

Bailments

PART 1

“Bailment” defined. Bailment contract as entire; performance as condition precedent to action upon it. Rights of bailee in bailed property; actions to enforce rights. Care required of bailees. Burden on bailee after loss; proper diligence standard. When act of God or contract exception available as defense. PART 2 HIRING

PART 3 DEPOSITS

“Hiring” defined. Qualified ownership and rights of hirer. Duties of hirer; liability for acts of bailor’s agents. Obligations of bailor. Duty to return property; as-

sumption of risks; time of return. Effect of breach of contract; action for conversion by bailor. Effect of loss or destruction of thing hired; liability of hirer. When hirer may relet; effect of reletting without consent of bailor. Consent required for removal of hired thing from state or hazardous use. Rights of action of hirer and bailor. Liability of thing hired to execution and levy; forthcoming bond. Hire of labor or services; standard of care. Title to article on which labor bestowed. Right to possession by bailee. Loss or destruction of property; right of bailee to compensation. Exercise of discretion by factor; diligence. Keeper of livery stable; diligence. Garage owner; diligence. Keeper of wharf; liability.

Definitions. Voluntary or involuntary depositories; liability for naked deposit. Liability of depositories for hire. Liability for gratuitously transporting deposits. Termination of bailment of naked deposit. Effect of use of naked deposit on liability.

Sec.

Reimbursement of expenses incurred by reason of naked deposit; retention of possession.

Sec.

PART 4

Kinds of loans; nature of loan for consumption. Nature of loan for use. Borrower’s duty of extraordinary care. Loan beneficiaries and responsibilities. Right of borrower to possession; action for interference. When borrower may transfer thing loaned; liability of article to levy and sale. Revocability of loans. Liability for necessary and extraordinary charges and expenses. Ownership of increase in loaned property. How loaned property used; acts considered as conversion. When death of parties terminates loans.

Article 4 Trover PART 1 IN GENERAL

PART 5

Definitions. Duration of pawn transactions; lease-back of motor vehicles prohibited; taking possession of motor vehicles; restrictions on interest, fees, or charges; action to recover excessive or undisclosed charges; consequences of excessive charges. Permanent records required; content. Manner of recording entry in permanent records; corrections; inspection. Maintenance of permanent records for four years. Effect of part on local laws.

Supervision of pawnbrokers by municipalities. Prohibited acts; penalties; presumption as to pledgor; replacement of lost or damaged goods. Restrictions on advertising; disclosure tickets or statements.

Effect of defendant’s possession on necessity of proof of conversion. Right of plaintiff to elect form of verdict. Determination of value of property. Tender of property and hire; effect on costs. Setoff and recoupment in action involving purchase money contract; judgment; lien of defendant. Alternative verdict; effect as first lien pending payment of judgment. Effect of judgment for damages in trover; priority. Effect of destruction of or injury to property on defendant’s liability. Fees and costs when $100.00 or less is involved. PART 2

Sale of perishable or other property in absence of replevy; amount of money verdict for plaintiff. Recovery by defendant in trover action when plaintiff had replevied property. Article 5

Disposition of Unclaimed Property

Short title.

Sec.

Construction of article. Definitions. When property held, issued, or owing in ordinary course of holder’s business presumed abandoned. Conditions under which intangible property subject to custody of state as unclaimed property. When sums payable on traveler’s checks or money orders deemed abandoned; conditions under which same may be subjected to custody of state as unclaimed property. When instruments on which banking or financial organization directly liable presumed abandoned; service charges. When certain deposits or other interests in banking or financial organization presumed abandoned. When fund under life or endowment insurance policy or annuity contract presumed abandoned. When funds held or owing by utility presumed abandoned. When unclaimed court ordered refund from business association presumed abandoned. When undistributed dividends and distributions of business associations presumed abandoned; when intangible interest in business associations presumed abandoned. When unclaimed property distributed in course of dissolution or liquidation of a person presumed abandoned. When intangible property held in fiduciary capacity for benefit of another, and income derived therefrom, presumed abandoned.

Sec.

When intangible property held for owner by state or federal entity presumed abandoned.