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2018 Georgia Code 44-12-96 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 44-12-96 Case Law from Google Scholar Amendments to OCGA 44-12-96

TITLE 44 PROPERTY

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

ARTICLE 3 BAILMENTS

44-12-96. Reimbursement of expenses incurred by reason of naked deposit; retention of possession.

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.

(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.)

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 CHEP USA v. Mock Pallet Co., F.3d (11th Cir. 2005)(Unpublished).

Cited in Postell v. Val-Lite Corp., 78 Ga. App. 199, 51 S.E.2d 63 (1948).

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 L OANS 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.

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