O.C.G.A.

O.C.G.A. § 44-12-90 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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As used in this part, the term: (1) “Deposit” means the delivery of chattels by one person to another to keep for the use of the bailor. (2) “Depository for hire” means a depository who receives or expects a reward or hire for undertaking to keep chattels for another. (3) “Naked deposit” means an undertaking whereby a depository keeps chattels for another gratuitously.

History

Orig. Code 1863, § 2082; Code 1868, § 2077; Code 1873, § 2103; Code 1882, § 2103; Civil Code 1895, § 2921; Civil Code 1910, § 3494; Code 1933, § 12-301.

Annotations

Cross references. Deposits of valuables with innkeepers, § 43-21-10 et seq.

JUDICIAL DECISIONS Bank is “depository for hire” where customer rents safety deposit box. Buena Vista Loan & Sav. Bank v. Bickerstaff, 121 Ga. App. 470, 174 S.E.2d 219, 1970 Ga. App. LEXIS 1257 (1970). Hotel landlord is naked depository if one has left a valise in the office of a hotel without calling attention thereto, and a clerk, without knowing the identity of the owner, places the valise in a room where baggage is kept. Stewart & Powell v. Head, 70 Ga. 449, 1883 Ga. LEXIS 357 (1883). Recycler of shipping pallets was not a naked depository. - Recycler of

shipping pallets did not establish status as a naked depository since it was unclear whether the recycler held the pallets gratuitously and for the benefit of the putative owner and lessor of the pallets; the recycler purchased the pallets from an entity which had no contractual relationship with the lessor, and the evidence also permitted the conclusions that the recycler claimed ownership of the pallets and that the pallets were held with an expectation of payment. CHEP USA v. Mock Pallet Co., 138 Fed. Appx. 229, 2005 U.S. App. LEXIS 12604 (11th Cir. 2005).

RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, §§ 3 et seq., 54 et seq. C.J.S. 26B C.J.S., Depositaries, § 1 et seq. ALR. Acceptance of receptacle as charging one as bailee of contents, 18 A.L.R. 87.

Liability of hotel, motel, or similar establishment for damage to or loss of guest’s automobile left on premises, 52 A.L.R.3d 433.

Notes of Decisions

Cited in 4 cases, 1982–2018 · leading case: JORDAN v. MARRIOTT Int'l, INC. Marriott Int'l, Inc. v. Jordan., 816 S.E.2d 822 (Ga. Ct. App. 2018).

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JORDAN v. MARRIOTT Int'l, INC. Marriott Int'l, Inc. v. Jordan., 816 S.E.2d 822 (Ga. Ct. App. 2018). · cites it 8× “” OCGA § 44-12-90. 11 presumed that the innkeeper failed to exercise extraordinary diligence with regard to [loss of property entrusted by a guest to an innkeeper].”

Glennville Hatchery, Inc. v. Thompson, 298 S.E.2d 512 (Ga. Ct. App. 1982). · cites it 2× “Although in dispute, the evidence of record supported the trial court’s charge relating to the authority of a general agent to bind his principal.”

Chep USA v. Mock Pallet Co., 138 F. App'x 229 (11th Cir. 2005). “O.C.G.A. § 44-12-90 provides the following definitions: (1) “Deposit” means the delivery of chattels by one person to another to keep for use of the bailor.”

Wendy Jordan v. Marriott Int'l, Inc a/k/a J.W. Marriott Atlanta Buckhead (Ga. Ct. App. 2018). · cites it 4× “” OCGA § 44-12-90. 11 and if the guest has complied with all reasonable rules of the inn, the innkeeper shall be liable as an insurer of the stolen property,” OCGA § 43-21-8, and “it will be presumed that the innkeeper failed to exercise extraordinary diligence with regard to…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.