Section may allow bailee to dispute bailor's title.

- Former Code 1868, § 2050 (see O.C.G.A § 46-9-44) qualified the general rule that a bailee cannot deny the title of a bailor, and that the recognition of a vendee of the bailor as the owner, puts the bailee in the same position, as to the vendee, as the bailee was to the original bailor, so far as to permit the bailee to do this, if there is an outstanding title actually being enforced against the bailee. Patten v. Baggs, 43 Ga. 167 (1871).

True owner must assert rights.

- In accordance with the provisions of former Civil Code 1895, § 2286 (see O.C.G.A § 46-9-44), a common carrier was not liable to the true owner, in an action of conversion, unless the true owner has given notice or asserted the owner's rights before delivery. Shellnut v. Central of Ga. Ry., 131 Ga. 404, 62 S.E. 294, 18 L.R.A. (n.s.) 494 (1908).

Defense of constructive delivery to true owner.

- A carrier can excuse constructive delivery to a stranger only by showing in accordance with former Civil Code 1895, § 2286 (see O.C.G.A § 46-9-44) that the carrier was in fact the true owner of the freight and asserted the carrier's claim thereto before delivery could be made to the consignee for whom the shipment was intended. Atlantic & B. Ry. v. Howard Supply Co., 125 Ga. 478, 54 S.E. 530 (1906).

Right of action by agent of undisclosed principal.

- Under former Civil Code 1895, § 2286 (see O.C.G.A § 46-9-44), it had been held that a person who, having in charge as agent the goods of another, made with a common carrier a contract to ship such goods, in which the agency was not disclosed, may maintain an action in the person's own name for a breach of such contract. Carter v. Southern Ry., 111 Ga. 38, 36 S.E. 308, 50 L.R.A. 354 (1900).

Cited in Wallace v. Mathews, 39 Ga. 617, 99 Am. Dec. 473 (1869); Inman & Co. v. Seaboard Air Line Ry., 159 F. 960 (S.D. Ga. 1908); Central of Ga. Ry. v. Rabun, 21 Ga. App. 402, 94 S.E. 598 (1917); Central of Ga. Ry. v. George P. Greene & Co., 41 Ga. App. 794, 154 S.E. 809 (1930).