Agreement for car storage in garage creates bailment.

- Where the owner of an automobile enters into an oral contract for the storage of a car with the operator of a storage and service garage for automobiles, the relationship of bailor-bailee is created. Bunn v. Broadway Parking Ctr., Inc., 116 Ga. App. 85, 156 S.E.2d 464 (1967).

Delivery and possession required for bailment.

- To create a bailment, express or implied, there must be an actual or constructive delivery of the goods with actual or constructive possession in the bailee, exclusive and independent of the bailor and all other persons. Davidson v. Ramsby, 133 Ga. App. 128, 210 S.E.2d 245 (1974).

Bailee of property is entitled to its exclusive possession. Mossie v. Pilgrim Self-Service Storage, 150 Ga. App. 715, 258 S.E.2d 548 (1979).

Creditor retains possession of notes pledged as collateral security.

- Where notes of a third party are pledged as collateral security, the creditor, in the absence of special contractual provision, is entitled to retain possession of the notes so deposited until the purpose for which they were deposited is at an end, that is, until the payment of the debt is secured. Johnson v. Hinson, 188 Ga. 639, 4 S.E.2d 561 (1939).

Degree of diligence required of bailee where object of bailment is beneficial to both parties is that of ordinary care. Elliott v. Levy, 77 Ga. App. 562, 49 S.E.2d 179 (1948).

Suit in trover maintainable by bailee for hire since the bailee has such title and right of possession. McWhorter & Armour v. Moore, 7 Ga. App. 439, 67 S.E. 115 (1910); Macon, D. & S.R.R. v. Heard Bros., 27 Ga. App. 382, 108 S.E. 481 (1921).

Cited in Ford & Co. v. Atlantic Compress Co., 138 Ga. 496, 75 S.E. 609, 1913D Ann. Cas. 226 (1912); Lang v. Hitt, 24 Ga. App. 714, 102 S.E. 136 (1920); AAA Parking, Inc. v. Black, 110 Ga. App. 554, 139 S.E.2d 437 (1964).

Am. Jur. 2d.

- 8 Am. Jur. 2d, Bailments, §§ 1 et seq., 63 et seq.

C.J.S.

- 8 C.J.S., Bailments, §§ 28, 29.

ALR.

- Estoppel to assert title to personal chattel by permitting another to use it in his business, 7 A.L.R. 676.

Seizure of subject of bailment under process issued at instance of bailee as excuse for latter's failure to redeliver bailor, 139 A.L.R. 1146.