Melancon to take a down to pay-off new note with the Pontiac together with the latest mention to cover the money become loaned with the Ford; which he had seen the Ford on the Triangle’s lot towards the several occasions; you to definitely Mr
Also, there clearly was zero lead self-confident testimony you to definitely, if it are closed, it absolutely was signed towards the needed formality, which is, «registered and you will bound so you can just before a police licensed to administer oaths. Wreyford *225 accessible to exchange cars, the guy lead the brand new Pontiac in order to Mr. Wreyford and you can acquired Mr. Wreyford’s Ford, picking right up at the same time the fresh new «mark acknowledgment» properly transported; you to definitely during the time Mr. Wreyford didn’t have in the hands this new certification of title, however, that he arranged in order to safer and you can did safe a certification off name at a later time; he did not have the identity moved with the info of the Commissioner to help you Triangle Put Autos as this is maybe not just what law demands; you to «With respect to the rules, while i see clearly, you can keep a title before you could offered they once again, however you import they didn’t have is directed regarding him in my experience and you may us to someone else»; however, your label toward Ford gotten so you can him by the Mr.
Wreyford. Wayne Pilgrim, manager into the finance company (plaintiff inside fi. Melancon had informed him whoever car it had been; that in case Melancon named valuing so it alter, he (Pilgrim) advised your (Melancon) you to since Ford was a great `63 design automobile «he [meaning Triangle Used Autos, Inc.
Melancon called your on mobile valuing transfer of automobile and you will questioned he change the notes about `62 Pontiac into the `63 Ford, the guy advised him that when it actually was in line with the loan worthy of to your Ford, they would do it; that he informed Mr
The guy introduced the floor package make a note of into the `63 Ford Fairlane, plus the label and then he threw they upon this new desk there just before me personally.
We believe which testimony reveals undoubtedly one both Melancon and you can Pilgrim was in fact cognizant of your requirement of this new «Motor vehicle Certification out-of Identity Work,» and that Pilgrim, as the agent of the finance company, when you’re writing payday loans in Florida about Melancon, once the representative regarding Triangle Used Autos, is actually insisting, and you can serious about ascertaining, that the requirements of that Act was complied with prior to Peoples Financing & Fund advanced cash on the new Ford automobile which had been included in the provisions of your Work. Certainly, if this testimony was because of the universal *226 signal one persons was believed to know what the law requires and to stick to the standards, Gran &c. of Savannah v. Go, 148 Ga. 766 (2) (98 SE 464), Hutchings v. Roquemore, 164 Ga. 637 (1) (139 SE 216), Swofford v. Glaze, 207 Ga. 532, 535 (1) (63 SE2d 342), we believe this is enough to authorize the latest trial judge, sitting due to the fact trior of both legislation and also the facts inside the actual situation, to track down that claimant got invested Triangle Used Autos which have indicia out-of ownership to the Ford auto, and that the fresh new plaintiff within the fi. fa, are signed up to cope with Triangle based on particularly indicia. Therefore, the brand new demonstration legal try subscribed to get the automobile susceptible to the latest levy.
L. 1961, pp. Part sixteen of the Operate, yet not, relieves a supplier into the autos of your own duty imposed abreast of most other transferees from the Point fifteen regarding protecting an alternate name certification regarding brand new Money Administrator from the title of the broker. Below you to point the fresh new agent is only needed to features when you look at the his palms the fresh new certification off term issued towards the former owner with an assignment and you may assurance off label properly carried out and you may pledged in order to ahead of a police officer signed up to manage oaths, for example assignment, when ergo built to a dealer, being carried out into the blank. In the case at pub the brand new identity certificate alone was not produced from inside the research, additionally the testimony on whether the name certificate on 1963 Ford vehicles and this Mr. Wreyford exchanged in order to Triangle Utilized Cars is actually ever before finalized from the Mr.