Also, there was no lead positive testimony that, if it was signed, it was signed with the required formality, which is, “signed up and you will bound so you’re able to ahead of a police officer authorized to administer oaths. Wreyford *225 agreed to change automobiles, he lead the brand new Pontiac in order to Mr. Wreyford and you can picked up Mr. Wreyford’s Ford, picking right up meanwhile the fresh new “tag receipt” securely transferred; that at the time Mr. Wreyford did not have in the arms the newest certificate out-of term, but which he create in order to safer and you may performed secure a certificate regarding identity at a later date; which he didn’t obtain the identity directed for the records of Commissioner so you can Triangle Used Autos since this is maybe not precisely what the laws requires; one to “Depending on the law, while i see clearly, you can keep a title before you marketed it again, however transfer it did not have to be directed out of your if you ask me and you may us to someone else”; however, that the name with the Ford was given to help you your by the Mr.
Wreyford. Wayne Pilgrim, movie director into monetary institution (plaintiff when you look at the fi https://servicecashadvance.com/title-loans-mn/grand-rapids/. Melancon got informed your whose car it absolutely was; that when Melancon called valuing so it alter, he (Pilgrim) advised your (Melancon) one once the Ford are a good `63 model vehicle “the guy [meaning Triangle Made use of Automobiles, Inc.
Melancon to carry a down to repay the latest note into the Pontiac additionally the the fresh note to cover the currency as loaned on Ford; he had seen the Ford towards Triangle’s parcel on several occasions; one to Mr
The guy introduced a floor package note down toward `63 Ford Fairlane, plus the title and he tossed they down on the latest desk right there just before myself.
We feel that it testimony shows without question one both Melancon and you can Pilgrim was in fact aware of one’s dependence on the brand new “Automotive Certification regarding Title Act,” hence Pilgrim, once the broker of the monetary institution, when you find yourself speaking about Melancon, because broker out-of Triangle Made use of Trucks, is actually insisting, and intent on ascertaining, that most the requirements of one Operate is complied which have in advance of Peoples Mortgage & Fund state-of-the-art cash on brand new Ford automobile which was protected by the new terms of the Operate. Yes, when this testimony is actually making use of common *226 code one individuals was presumed to understand what regulations demands and stick to their criteria, Mayor &c. out 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 it was enough to authorize this new demo courtroom, seated given that trior out of both rules additionally the items during the the case, to obtain your claimant had invested Triangle Put Cars which have indicia out-of possession on Ford vehicles, which the fresh plaintiff from inside the fi. fa, are licensed to manage Triangle on such basis as such as for instance indicia. For this reason, the fresh trial legal is actually subscribed to find the car at the mercy of the newest levy.
Melancon titled your on the phone respecting transfer of one’s vehicles and you will expected that he change the cards throughout the `62 Pontiac toward `63 Ford, he told him whenever it had been in line with the mortgage well worth towards Ford, they will exercise; he advised Mr
L. 1961, pp. Point 16 of the Operate, yet not, relieves a provider in the autos of your obligations imposed on most other transferees of the Section fifteen away from securing another term certificate off the Money Commissioner on identity of dealer. Under one section the newest specialist is only required to has from inside the their palms new certificate out-of term issued towards the former proprietor with a project and you will warranty of identity properly performed and bound so you can in advance of an officer registered to administer oaths, such as for instance assignment, whenever therefore designed to a distributor, being performed for the blank. In the event during the club this new label certificate alone wasn’t introduced during the research, and the testimony about whether or not the label certificate toward 1963 Ford auto which Mr. Wreyford replaced in order to Triangle Put Autos is actually ever before signed of the Mr.