O.C.G.A. § 44-12-42 (2019)
Rights of bailee in bailed property; actions to enforce rights
During the bailment, in all cases the bailee has a right to the possession of the property and in most cases a special right of property in the thing bailed. For a violation of these rights by anyone he has a cause of action.
History
Orig. Code 1863, § 2032; Code 1868, § 2033; Code 1873, § 2059; Code 1882, § 2059; Civil Code 1895, § 2895; CivilCode 1910, § 3468; Code 1933, § 12-102.
Annotations
Cross references. Right of action of bailee and bailor for trespass, § 51-10-4.
JUDICIAL DECISIONS 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 bailorbailee is created. Bunn v. Broadway Parking Ctr., Inc., 116 Ga. App. 85, 156 S.E.2d 464, 1967 Ga. App. LEXIS 709 (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 Ga. App. LEXIS 988 (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 Ga. App. LEXIS 2352 (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 Ga. LEXIS 589 (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 Ga. App. LEXIS 599 (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 Ga. App. LEXIS 334 (1910); Macon, Dublin & Savannah R.R. v. Heard Bros., 27 Ga. App. 382, 108 S.E. 481, 1921 Ga. App. LEXIS 914 (1921).
RESEARCH REFERENCES 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 chat-
tel 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.