William Fitzgerald Milk Products Corp. v. Kimbro Service Warehouse, Inc.

Hall, Judge.

As a general rule a bailee is excused from returning the subject matter of the bailment where the goods are taken from him by authority of law and the bailee gives notice or the bailor has knowledge thereof, so that the bailor has an opportunity to litigate his right to the property. Witherington v. Laurens County Farmers Co-Op. &c. Co., 23 Ga. App. 307 (98 SE 228); Hancock v. Anchors, 26 Ga. App. 125 (105 SE 631); Jones v. Williams, 40 Ga. App. 819 (151 SE 695); 8 CJS 463, Bailments, § 37; 8 Am. Jur. 2d 1072, Bailments, § 187.

The controlling issue in this case is whether the…