Legal Opinion

Davis v. State

Court of Appeals of Georgia

Decided May 15, 1928No. 18847PublishedCited by 3 opinions

1Opinion of the CourtBroyles, 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.

2Cases cited1 opinion

  1. Barksdale v. StateCourt of Appeals of Georgia · 1922

3Cited by3 opinions

  1. Gammage v. StateCourt of Appeals of Georgia · 1955
  2. Silvers v. StateCourt of Appeals of Georgia · 1949
  3. Silvers v. StateCourt of Appeals of Georgia · 1949