Melancon to take a check as a result of pay off new note towards Pontiac and the mention to purchase money are loaned towards the Ford; that he had seen the Ford into the Triangle’s package to your multiple occasions; that Mr
Also, there is zero head positive testimony that, whether or not it was signed, it was closed towards required formality, that is, “authorized and you may bound to help you ahead of a police authorized to administer oaths. Wreyford *225 agreed to change autos, he put this new Pontiac in order to Mr. Wreyford and you may https://servicecashadvance.com/payday-loans-ok/guymon/ picked up Mr. Wreyford’s Ford, picking up at the same time brand new “tag receipt” safely directed; one during the time Mr. Wreyford didn’t have within his possession this new certificate out-of term, but which he arranged in order to safer and you will did safer a certification off term at a later time; he failed to get the term transported to your suggestions of your Commissioner so you can Triangle Used Vehicles since this is maybe not what the laws means; one “According to the law, whenever i read it, you can keep a concept before you could ended up selling it again, you import it didn’t have to-be directed from him if you ask me and you will me to another person”; however, your name towards Ford got to help you your of the Mr.
Wreyford. Wayne Pilgrim, manager for the finance company (plaintiff when you look at the fi. Melancon got told him whose auto it had been; if Melancon entitled respecting which change, the guy (Pilgrim) told your (Melancon) one to once the Ford try a beneficial `63 model vehicle “he [meaning Triangle Made use of Trucks, Inc.
Melancon titled your on the telephone respecting import of your own automobile and you can asked he replace the notes in the `62 Pontiac toward `63 Ford, he advised your that if it absolutely was in accordance with the loan really worth towards the Ford, they would do so; he informed Mr
The guy produced a floor bundle make a note of to your `63 Ford Fairlane, together with term and he put it upon brand new desk there in advance of me.
We think that it testimony shows without question you to definitely both Melancon and you will Pilgrim were cognizant of your element the latest “Automotive Certificate away from Title Work,” and that Pilgrim, as agent of monetary institution, while you are dealing with Melancon, due to the fact broker away from Triangle Utilized Vehicles, are insisting, and you can intent on ascertaining, that the requirements of you to definitely Operate is complied which have before Individuals Loan & Financing state-of-the-art cash on the brand new Ford automobile which had been covered by the brand new provisions of the Work. Yes, when this testimony is utilizing the common *226 signal one to people is actually assumed to know what what the law states need and also to adhere to their conditions, Gran &c. regarding Savannah v. Wade, 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 think this is enough to approve new demo court, resting just like the trior from both the law and the affairs for the the scenario, to acquire that claimant had invested Triangle Made use of Trucks with indicia from possession towards the Ford auto, hence this new plaintiff during the fi. fa, is actually authorized to manage Triangle based on such as for instance indicia. Therefore, this new demonstration legal try signed up to get the automobile subject to brand new levy.
L. 1961, pp. Point 16 of that Operate, although not, relieves a supplier for the cars of the obligations imposed upon most other transferees by Section 15 from protecting an alternate identity certification off the new Cash Commissioner in the title of the agent. Significantly less than you to area the newest agent is required to has inside their fingers brand new certificate out of title issued on former owner which have an assignment and you will guarantee from term duly done and you can pledged to just before a police officer licensed to manage oaths, like project, whenever for this reason built to a supplier, are conducted when you look at the empty. In the event within pub this new term certificate in itself wasn’t lead inside the proof, and testimony about whether the name certificate towards the 1963 Ford vehicles and therefore Mr. Wreyford exchanged so you can Triangle Put Trucks try actually signed by the Mr.