In addition, there’s no lead confident testimony you to definitely, whether or not it is actually signed, it absolutely was signed for the expected foregone conclusion, which is, «subscribed and you may pledged to help you before a police subscribed to administer oaths. Wreyford *225 agreed to exchange cars, the guy introduced the latest Pontiac to Mr. Wreyford and you may obtained Mr. Wreyford’s Ford, picking up meanwhile the latest «tag acknowledgment» securely transmitted; you to at that time Mr. Wreyford did not have inside the hands the fresh certification from identity, but that he put up to secure and you will performed safe a certificate out-of name at a later date; that he failed to obtain the title directed on records of one’s Administrator to help you Triangle Put Trucks because this is perhaps not precisely what the laws means; you to «According to law, once i read it, you can keep a name before you offered they once more, however import it didn’t have are transmitted regarding your to me and you can me to another person»; however, your identity to your Ford received so you can your by the Mr.
Wreyford. Wayne Pilgrim, manager into finance company (plaintiff in the fi. Melancon had advised him whose auto it had been; that when Melancon entitled valuing this changes, the guy (Pilgrim) told him (Melancon) you to just like the Ford are a great `63 design automobile «he [meaning Triangle Used Trucks, Inc.
Melancon to create a check down to pay off this new mention on the Pontiac additionally the this new note to cover the money become loaned into Ford; he got heard of Ford to your Triangle’s package for the numerous occasions; you to Mr
He put the floor plan make a note of into the `63 Ford Fairlane, together with title and he put they down on this new table right there before me.
We believe which testimony suggests without question that one another Melancon and you will Pilgrim was aware of your own requirement of brand new «Motor vehicle Certification out of Title Work,» hence Pilgrim, while the agent of your own finance company, whenever you are writing on Melancon, due to the fact agent out of Triangle Used Vehicles, is insisting, and you will seriously interested in ascertaining, that the needs of one to Work was actually complied having before Peoples Financing & Money state-of-the-art money on the Ford car that was included in this new terms of your Act. Yes, if this testimony is actually utilizing the common *226 signal one to people try thought to know what legislation needs and follow their standards, Gran &c. from 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 feel this is enough to authorize the brand new demo legal, seated given that trior of both the laws together with issues inside the situation, to track down your claimant got spent Triangle Utilized Autos having indicia of possession towards Ford auto, and that the fresh new plaintiff in the fi. fa, is registered to deal with Triangle based on such as for instance indicia. Hence, the demo courtroom are authorized to discover the vehicles at the mercy of brand new levy.
Melancon https://servicecashadvance.com/title-loans-il/maroa/ titled your on the telephone respecting import of your own car and asked which he change the notes on `62 Pontiac with the `63 Ford, the guy advised him that in case it had been based on the financing value to your Ford, they’d get it done; which he informed Mr
L. 1961, pp. Point sixteen of the Operate, not, relieves a dealer for the cars of your own responsibility enforced on most other transferees because of the Part 15 out of protecting a different sort of title certificate off new Money Administrator on term of the specialist. Less than you to part the brand new broker is just necessary to keeps within the his fingers the new certification out of name granted to the former holder having an assignment and you can guarantee away from identity properly carried out and bound to in advance of a police officer licensed to administer oaths, such as for instance project, whenever therefore built to a provider, being carried out from inside the empty. In the case within club the latest identity certification alone was not produced into the facts, in addition to testimony about if the label certificate with the 1963 Ford vehicle hence Mr. Wreyford replaced to help you Triangle Put Cars try ever before signed by the Mr.
