O.C.G.A. § 44-12-91 (2019)
Voluntary or involuntary depositories; liability for naked deposit
A person may voluntarily undertake to be a depository or may become so involuntarily, as by finding chattels. For a naked deposit, the depository is responsible only for gross negligence.
History
Orig. Code 1863, § 2083; Code 1868, § 2078; Code 1873, § 2104; Code 1882,
§ 2104; Civil Code 1895, § 2922; Civil Code 1910, § 3495; Code 1933, 12-302.
Annotations
JUDICIAL DECISIONS Finder of property is involuntary bailee for true owner. Groover v. Tippins, 51 Ga. App. 47, 179 S.E. 634, 1935 Ga. App. LEXIS 543 (1935).
Finder gains title as to third parties. Groover v. Tippins, 51 Ga. App. 47, 179 S.E. 634, 1935 Ga. App. LEXIS 543 (1935).
RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, §§ 8, 164, 165 et seq. C.J.S. 26B C.J.S., Depositaries, § 4 et seq. ALR. Liability of a bailee of money who commingles it with his own funds, 20 A.L.R. 378. Duty and liability of one in possession of real property in respect of personal prop-
erty which he finds thereon belonging to another, 131 A.L.R. 165. 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. Presumption of payment as applicable to bank deposit, 69 A.L.R.3d 1311. Liability of warehouseman or other bailee for loss of goods stored at other than agreed-upon place, 76 A.L.R.4th 883.