38 Ga. App. 206
Decided May 15, 1928
Court of Appeals of Georgia · decided 1928-05-15
Key passage — most relied on by later courts
“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. State, 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.”
quoted by 1 later decision, including 79 Ga. App. 223 - Silvers v. State
Relies on 28 Ga. App. 535 - Saywell v. Nisbet
Good law ✅— No negative treatment on recordhow we know
Decided 1928-05-15
Cited by 9 later decisions (1 by the Supreme Court) — most recently June 1955
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1A 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).
¶2Under 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.
¶3Judgment reversed.