Melancon to create a as a result of pay off the fresh notice towards the Pontiac while the the fresh mention to cover the money to be loaned to the Ford; he had seen the Ford into the Triangle’s lot on the several occasions; one to Mr
Also, there was no head confident testimony that, if it is actually signed, it was signed to the required foregone conclusion, which is, “authorized and you can pledged so you can before a police officer registered to administer oaths. Wreyford *225 agreed to change trucks, he lead the fresh Pontiac to help you Mr. Wreyford and you will found Mr. Wreyford’s Ford, picking right on up at the same time new “level bill” securely transferred; you to at that time Mr. Wreyford did not have within his palms this new certificate out of term, but which he install so you can safe and you will did safer a certification from term later on; which he did not obtain the label transmitted into records of your Commissioner so you can Triangle Made use of Automobiles because this is not precisely what the law demands; one to “With regards to the law, once i see clearly, you can keep a name before you can offered they once more, however transfer they did not have become transmitted away from him to me and you can us to someone else”; however, your name into the Ford gotten in order to him of the Mr.
Wreyford. Wayne Pilgrim, manager into the monetary institution (plaintiff within the fi. Melancon got told your whoever car it had been; that when Melancon called respecting which transform, he (Pilgrim) told him (Melancon) that just like the Ford was an effective `63 design auto “the guy [definition Triangle Used Trucks, Inc.
Melancon named your on the cellphone valuing transfer of the car and you will expected which he alter the cards regarding `62 Pontiac on `63 Ford, the guy advised your whenever it had been based on the financing value towards the Ford, they will take action; that he informed Mr
The guy brought the ground package note down with the `63 Ford Fairlane, together with label and he tossed it down on the newest dining table there before me.
We feel which testimony suggests undoubtedly you to one another Melancon and you can Pilgrim was basically aware of your own requirement of the latest “Automotive Certification away from Identity Operate,” and this Pilgrim, since the representative of monetary institution, when you find yourself writing about Melancon, because representative out-of Triangle Used Autos, is actually insisting, and you may dedicated to ascertaining, that every the requirements of you to definitely Operate was actually complied with just before Individuals Loan & Financing complex money on the Ford vehicles which had been covered by the new specifications of one’s Act. Indeed, when this testimony try aided by the universal *226 rule one to people try believed to understand what what the law states requires also to follow their requirements, Mayor &c. out-of Savannah v. Wade, 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 enough to authorize the demonstration legal, seated as trior regarding both the laws together with points within the the case, to get your claimant got spent Triangle Used Trucks that have indicia away from possession on the Ford automobile, and this the fresh plaintiff inside the fi. fa, are subscribed to handle Triangle on the basis of such indicia. Ergo, this new demo courtroom try licensed to find the vehicles at the mercy of the levy.
L. 1961, pp. Section 16 of these Act, yet not, alleviates a dealer into the trucks of your responsibility enforced upon almost every other transferees by Point 15 from protecting a different label certificate out-of the brand new Money Commissioner in the label of one’s broker. Less than you to area the fresh new agent is just expected to provides from inside the their fingers the certificate regarding name given toward former manager with a task and assurance off term properly performed and you may sworn so you can before a police authorized to manage oaths, such assignment, when thus made to a seller, are carried out inside blank. In case at bar the new name certification alone wasn’t lead in facts, as well as the testimony concerning whether or not the name certification to your 1963 Ford auto and that Mr. Wreyford replaced in order to Triangle Utilized Vehicles is actually previously finalized of the Mr.