O.C.G.A.

O.C.G.A. § 44-12-96 (2019)

Reimbursement of expenses incurred by reason of naked deposit; retention of possession

✓ 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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One who holds a naked deposit is entitled to be reimbursed for all charges and expenses which he incurs by reason of the deposit, and he may retain possession of the deposit until such charges and expenses are paid.

History

Orig. Code 1863, § 2088; Code 1868, § 2083; Code 1873, § 2109; Code 1882,

§ 2109; Civil Code 1895, § 2927; Civil Code 1910, § 3500; Code 1933, § 12-307.

Annotations

JUDICIAL DECISIONS Profit and overhead not recoverable. - Naked depository is entitled to reimbursement only for amounts paid out or labor expended by reason of the deposit, and such reimbursement does not include

profit or a pro rata portion of general overhead expenses. 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, §§ 115, 117.

C.J.S. 26B C.J.S., Depositaries, § 11 et seq.

PART 4 LOANS OF PROPERTY RESEARCH REFERENCES ALR. Liability of bailee for loss of or injury to goods kept at a place other than that originally intended, 17 A.L.R. 979.

Liability of warehouseman or other bailee for loss of goods stored at other than agreed-upon place, 76 A.L.R.4th 883.

Notes of Decisions

Cited in 1 case, 2005–2005 · leading case: Chep USA v. Mock Pallet Co., 138 F. App'x 229 (11th Cir. 2005).

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Chep USA v. Mock Pallet Co., 138 F. App'x 229 (11th Cir. 2005). · cites it 2× “O.C.G.A. § 44-12-96 states: One who holds a naked deposit is entitled to be reimbursed for all charges and expenses which he incurs by reason of the deposit, and he may retain possession of the deposit until such charges and expenses are paid.”

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.