In addition, there was zero head positive testimony you to definitely, in the event it is actually signed, it had been closed to the required formality, that is, “authorized and you will pledged to help you before a police officer signed up to manage oaths. Wreyford *225 provided to change autos, he brought the fresh Pontiac in order to Mr. Wreyford and you may obtained Mr. Wreyford’s Ford, picking right up at the same time the newest “mark acknowledgment” safely transmitted; that at that time Mr. Wreyford did not have in the hands the newest http://servicecashadvance.com/title-loans-ky/harlan certification out-of name, however, he establish to secure and you can performed secure a certification away from term at a later time; that he don’t obtain the term directed to the information of your Administrator to Triangle Put Vehicles since this is maybe not precisely what the law requires; one “With respect to the legislation, whenever i read it, you can preserve a concept one which just sold it once more, however you transfer it did not have to get transferred off your to me and me to someone else”; but that label on the Ford obtained in order to him by Mr.
Wreyford. Wayne Pilgrim, director to your monetary institution (plaintiff within the fi. Melancon had advised your whose car it was; that in case Melancon entitled valuing that it changes, the guy (Pilgrim) advised your (Melancon) one to just like the Ford is an excellent `63 model car “the guy [meaning Triangle Made use of Cars, Inc.
Melancon to carry a check down to pay-off the notice on Pontiac and the the fresh note to purchase currency to be loaned with the Ford; he got seen the Ford with the Triangle’s parcel into numerous occasions; one Mr
He lead the floor bundle make a note of on `63 Ford Fairlane, and also the term and then he tossed it upon the fresh new dining table there in advance of myself.
We feel it testimony reveals without a doubt one both Melancon and you may Pilgrim was in fact cognizant of requirement of the “Automobile Certification out-of Name Operate,” and that Pilgrim, because broker of one’s finance company, when you are speaing frankly about Melancon, as the representative out of Triangle Put Vehicles, is insisting, and you may dedicated to ascertaining, that the requirements of one to Work ended up being complied that have just before Individuals Mortgage & Funds advanced money on brand new Ford vehicle that has been protected by the newest arrangements of the Work. Indeed, if this testimony try making use of the universal *226 laws one to persons was believed to understand what what the law states needs and also to follow its requirements, Mayor &c. regarding 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 think it was enough to authorize this new demo legal, seated given that trior out of both legislation therefore the things inside the situation, to locate your claimant had spent Triangle Put Vehicles that have indicia regarding ownership on Ford automobile, and therefore the new plaintiff in fi. fa, are licensed to handle Triangle on such basis as such as for example indicia. Hence, the new demo court is licensed to discover the vehicle at the mercy of the newest levy.
Melancon titled your on the cell respecting transfer of the car and you will expected he alter the cards from the `62 Pontiac on `63 Ford, he told him that if it had been in accordance with the mortgage worthy of for the Ford, they’d do it; that he advised Mr
L. 1961, pp. Section sixteen of these Operate, although not, relieves a supplier within the automobiles of your own obligation implemented up on almost every other transferees by Point 15 of securing a separate term certification off the fresh new Cash Commissioner regarding identity of your own broker. Not as much as you to part brand new broker is just required to possess within the their fingers this new certification off identity given into the former manager that have a project and you may assurance of label duly executed and you will pledged so you’re able to prior to a police officer authorized to administer oaths, such as task, when hence made to a seller, are done inside blank. In the event at pub brand new identity certificate itself was not put for the proof, together with testimony about whether the label certification toward 1963 Ford vehicle which Mr. Wreyford exchanged to help you Triangle Used Cars is actually actually signed by the Mr.