SAVI CONSTRUCTION & INTERIORS

Melancon to take a check right down to repay the fresh new mention towards the Pontiac and the new mention to pay for currency getting loaned on the Ford; he got heard of Ford into the Triangle’s lot into numerous occasions; one Mr

Furthermore, there was no lead self-confident testimony one to, if this try signed, it actually was finalized to the expected formality, that is, “subscribed and you may bound so you’re able to ahead of a police licensed to manage oaths. Wreyford *225 provided to trading trucks, the guy delivered the Pontiac to help you Mr. Wreyford and picked up Mr. Wreyford’s Ford, picking right on up meanwhile this new “tag acknowledgment” properly transferred; you to definitely during the time Mr. Wreyford didn’t have in the fingers the fresh new certificate regarding name, but which he developed so you can safer and you will performed secure a certificate regarding term at a later time; which he did not have the identity directed toward records of your Administrator so you can Triangle Utilized Vehicles because this is perhaps not precisely what the legislation demands; you to definitely “Depending on the legislation, when i see clearly, you can keep a title before you could ended up selling it once more, however you import they didn’t have to be moved off your for me and you may me to somebody else”; but that name on Ford got to help you your by the Mr.

Wreyford. Wayne Pilgrim, manager towards monetary institution (plaintiff in fi. Melancon got advised your whoever vehicles it absolutely was; whenever Melancon titled respecting this changes, the guy (Pilgrim) informed your (Melancon) you to definitely while the Ford was a great `63 model automobile “the guy [meaning Triangle Put Automobiles, Inc.

Melancon entitled your with the cellphone respecting import of one’s vehicles and expected that he change the notes on `62 Pontiac toward `63 Ford, he advised him when it absolutely was in accordance with the loan value towards the Ford, they would get it done; that he informed Mr

He delivered a floor package note down for the `63 Ford Fairlane, as well as the term in which he put they down on new dining table there ahead of me personally.

We believe so it testimony suggests without a doubt that both Melancon and you will Pilgrim were cognizant of your own dependence on the newest “Automobile Certificate out of Name Operate,” and therefore Pilgrim, as agent of your own monetary institution, while speaking about Melancon, since representative of Triangle Made use of Trucks, was insisting, and seriously interested in ascertaining, that most the needs of you to Operate is complied having prior to Peoples Loan & Loans cutting-edge cash on new Ford vehicles which was covered by new provisions of Act. Yes, when this testimony are using the universal *226 laws that people try presumed to know what what the law states need and to follow its criteria, Mayor &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 was adequate to approve the newest demo judge, seated since the trior away from the laws together with situations within the the situation, to obtain that the claimant got spent Triangle Used Autos that have indicia of control towards Ford vehicle, and therefore the fresh plaintiff from inside the fi. fa, was authorized to handle Triangle on the basis of particularly indicia. Hence, new trial judge was registered to obtain the auto subject to new levy.

L. 1961, pp. Part 16 of that Operate, yet not, relieves a supplier for the cars of your own obligations imposed abreast of most other transferees by Part fifteen out of protecting another type of label certification out-of the new Money Commissioner on term of your own broker. Not as much as one to point new broker is only necessary to keeps from inside https://pdqtitleloans.com/payday-loans-ne/ the his possession the certification away from identity issued into the previous manager which have an assignment and you will promise off term properly performed and you can bound so you can prior to a police licensed to administer oaths, such task, when thus built to a distributor, becoming conducted inside the blank. In the event at pub the latest label certificate itself was not delivered during the research, as well as the testimony on if the label certificate towards 1963 Ford car and that Mr. Wreyford replaced so you can Triangle Used Cars was ever signed by Mr.