Wreyford, accepted instead objection, was at disagreement
Furthermore, there can be zero direct positive testimony you to, if it are signed, it was finalized for the required foregone conclusion, that is, “licensed and you may pledged in order to in advance of a police officer authorized to administer oaths. Wreyford *225 offered to exchange automobiles, he delivered the new Pontiac in order to Mr. Wreyford and found Mr. Wreyford’s Ford, picking up meanwhile brand new “tag receipt” securely directed; you to definitely at that time Mr. Wreyford didn’t have in his possession the certification from term, but he create to safer and you can performed safe a certificate out-of label at a later date; which he failed to have the identity moved to your ideas of your own Commissioner so you can Triangle Put Autos because this is perhaps not exactly what the law demands; one to “Depending on the legislation, as i see clearly, you can preserve a subject before you marketed they once again, nevertheless transfer it did not have as transmitted away from him if you ask me and you will us to somebody else”; however, that name on Ford got to help you your from the Mr.
Wreyford. Wayne Pilgrim, movie director into the monetary institution (plaintiff in fi. Melancon got told your whoever car it actually was; that when Melancon entitled valuing that it changes, he (Pilgrim) advised your (Melancon) one just like the Ford was a great `63 design car “the guy [definition Triangle Used Autos, Inc.
Melancon to take a down to repay the new note into Pontiac as well as the the latest notice to pay for money to-be loaned into the Ford; which he got heard of Ford to the Triangle’s lot to the several occasions; that Mr
He put a floor plan make a note of with the `63 Ford Fairlane, therefore the term in which he threw they down on the newest desk there ahead of me personally.
We believe so it testimony reveals undoubtedly one to one another Melancon and you may Pilgrim was indeed aware of one’s requirement of the newest “Automobile Certification from Name Operate,” and therefore Pilgrim, while the broker of one’s finance company, when you are writing about Melancon, while the broker out of Triangle Used Autos, is actually insisting, and you will dedicated to ascertaining, that the requirements of one Work is complied that have just before Peoples Mortgage & Funds cutting-edge cash on the fresh Ford car which had been included in new arrangements of one’s Operate. Indeed, when this testimony is using universal *226 code one to individuals is actually presumed to know what what the law states need also to stay glued to its conditions, 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 believe this is sufficient to approve the trial court, sitting once the trior of both the laws together with products inside the the way it is, discover the claimant had invested Triangle Made use of Trucks that have indicia regarding possession into Ford vehicle, hence the new plaintiff for the fi. fa, are registered to handle Triangle on the basis of such as for instance indicia. Ergo, the latest demonstration judge are licensed to obtain the automobile at the mercy of the newest levy.
Melancon called him on the telephone valuing transfer of the vehicle and you will questioned that he alter the notes in the `62 Pontiac on the `63 Ford, he informed him that when it actually was based on the loan well worth on Ford, they’d do so; that he advised Mr
L. 1961, pp. Area 16 of that Act, although not, relieves a supplier inside the cars of your own duty implemented up on other transferees from the Point fifteen from securing an alternative term certificate of the new Cash Administrator about label of your own agent. Significantly less than one point the broker is only required to has actually inside the their hands brand new certificate off identity title loans Leeds approved towards the previous holder having an assignment and you can promise off label duly performed and you can bound to help you ahead of a police subscribed to manage oaths, such as for instance project, whenever therefore made to a provider, getting done when you look at the empty. In the case during the bar new label certification itself wasn’t put from inside the evidence, additionally the testimony about whether the term certification into 1963 Ford car and that Mr. Wreyford replaced to Triangle Utilized Vehicles is actually actually ever finalized by Mr.
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