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2018 Georgia Code 44-12-90 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 3 BAILMENTS

44-12-90. Definitions.

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.

(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.)

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).

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).

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 CHEP USA v. Mock Pallet Co., F.3d (11th Cir. 2005)(Unpublished).

Cited in Georgia R.R. & Banking Co. v. Thompson, 86 Ga. 327, 12 S.E. 640 (1890); Merchants Nat'l Bank v. Guilmartin, 88 Ga. 797, 15 S.E. 831, 14 L.R.A. 322 (1892); White v. American Ins. Co., 53 Ga. App. 320, 185 S.E. 605 (1936); Postell v. Val-Lite Corp., 78 Ga. App. 199, 51 S.E.2d 63 (1948); Dalton Textile Corp. v. Cooper, 82 Ga. App. 232, 60 S.E.2d 529 (1950); Brooks v. Holman, 121 Ga. App. 720, 175 S.E.2d 131 (1970); Glennville Hatchery, Inc. v. Thompson, 164 Ga. App. 819, 298 S.E.2d 512 (1982).

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.

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