Opinion · Court of Appeals of Georgia

Davis v. State

Davis v. State, 38 Ga. App. 206 (Ga. Ct. App. 1928)

Type
Opinion
Court
Court of Appeals of Georgia
Jurisdiction
Georgia
Date
1928-05-15
Topic
litigation

Broyles, C. J. A mere temporary loan of property, without hire or other benefit to the person lending, is not such a fiduciary bailment as would make the stealing or conversion of the property larceny after trust. Barksdale v. Slate, 28 Ga.

Citator

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Cited by
3 opinions
Broyles, C. J.

A mere temporary loan of property, without hire or other benefit to the person lending, is not such a fiduciary bailment as would make the stealing or conversion of the property larceny after trust. Barksdale v. Slate, 28 Ga. App. 535 (112 S. E. 165).

Under the above-stated ruling and the facts of the instant case, the defendant’s conviction of larceny after trust was unauthorized, and the refusal to grant him a new trial was error.

Judgment reversed.

Luke and Bloodworth, JJ., concur.