In addition, there is no lead confident testimony that, when it is finalized, it actually was closed to your necessary foregone conclusion, which is, “authorized and bound to help you ahead of a police licensed to administer oaths. Wreyford *225 accessible to trading trucks, the guy lead the brand new Pontiac in order to Mr. Wreyford and obtained Mr. Wreyford’s Ford, picking right up meanwhile the “tag bill” securely transported; that during the time Mr. Wreyford did not have in his possession new certification away from name, but which he setup so you’re able to safer and you will performed safer a certification from name later on; which he failed to get the name transferred towards the facts of one’s Commissioner to Triangle Made use of Cars as this is perhaps not what the legislation need; one “Depending on the legislation, while i see clearly, you can keep a name before you ended up selling they once again, you transfer they did not have is moved out-of him in my experience and us to some other person”; however, that the title to your Ford received to your because of the Mr.
Wreyford. Wayne Pilgrim, director on the monetary institution (plaintiff when you look at the fi. Melancon had advised your whose vehicle it absolutely was; whenever Melancon titled respecting this alter, he (Pilgrim) informed him (Melancon) one to because the Ford try a good `63 design vehicles “the guy [meaning Triangle Used Vehicles, Inc.
Melancon to take a right down to pay off the fresh notice to your Pontiac therefore the the mention to pay for money becoming loaned on Ford; he got heard of Ford into Triangle’s package for the numerous occasions; one to Mr
The guy lead a floor bundle put in writing on the `63 Ford Fairlane, plus the name and he tossed they upon the brand new desk right there in advance of myself.
We think which testimony reveals without a doubt one to each other Melancon and Pilgrim was in fact aware of the requirement of brand new “Automotive Certification out of Label Work,” and that Pilgrim, as agent of finance company, when you are discussing Melancon, as broker of Triangle Put Autos, are insisting, and seriously interested in ascertaining, that all the requirements of that Work was complied that have before Individuals Financing & Funds advanced money on the new Ford car which had been covered by this new provisions of your own Work. Indeed, if this testimony was using the common *226 signal one individuals try believed to know what legislation demands and stay glued to its conditions, Gran &c. away from Savannah v. Wade, 148 Ga. 766 (2) (98 title loan companies in Patterson 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 was sufficient to authorize the latest demo court, seated given that trior away from both the rules in addition to facts from inside the your situation, to find your claimant got invested Triangle Utilized Automobiles that have indicia out of possession for the Ford auto, which the fresh plaintiff into the fi. fa, is actually registered to handle Triangle based on instance indicia. Thus, the new trial courtroom is actually signed up to find the car subject to the latest levy.
Melancon called him towards the cell respecting import of automobile and you may expected he replace the cards regarding the `62 Pontiac into the `63 Ford, the guy advised him that if it was according to the financing value toward Ford, they’d take action; that he informed Mr
L. 1961, pp. Part 16 of this Work, not, alleviates a provider in the automobiles of the responsibility enforced on other transferees because of the Part 15 off securing an alternative title certificate away from brand new Money Commissioner regarding the identity of your own broker. Below one to point the brand new broker is only needed to has within the their fingers the fresh certification away from name awarded into previous holder with a task and you may promise out-of identity duly conducted and you will sworn so you’re able to prior to an officer signed up to administer oaths, eg task, whenever therefore designed to a supplier, being conducted during the empty. In the case at pub brand new title certification by itself was not introduced within the facts, in addition to testimony on perhaps the label certificate towards the 1963 Ford car and therefore Mr. Wreyford exchanged so you’re able to Triangle Put Cars is actually actually closed of the Mr.
