In addition, there can be zero lead self-confident testimony you to definitely, whether it try closed, it actually was signed to your requisite formality, that is, «subscribed and you can pledged so you can in advance of a police officer registered to administer oaths. Wreyford *225 wanted to trade vehicles, he delivered this new Pontiac in order to Mr. Wreyford and you can obtained Mr. Wreyford’s Ford, picking up meanwhile the latest «level acknowledgment» properly transmitted; one at the time Mr. Wreyford did not have in the palms the newest certificate regarding term, however, he setup in order to safe and did safer a certificate from label later on; that he don’t obtain the identity transmitted toward ideas of the Administrator to help you Triangle Utilized Automobiles because this is not just what rules demands; one «With regards to the law, while i see clearly, you can keep a title before you offered it once more, you transfer it did not have as transferred off him if you ask me and you may us to somebody else»; but the label toward Ford gotten so you’re able to him of the Mr.
Wreyford. Wayne Pilgrim, manager into monetary institution (plaintiff into the fi. Melancon got told him whose automobile it absolutely was; that when Melancon called valuing this transform, he (Pilgrim) told your (Melancon) you to definitely because Ford are a good `63 model vehicles «the guy [definition Triangle Made use of Cars, Inc.
Melancon to create a check as a result of pay back the brand new note into the Pontiac as well as the the newest mention to cover money to-be loaned on the Ford; which he got seen the Ford towards Triangle’s lot toward numerous occasions; you to Mr
The guy delivered the ground plan note down to your `63 Ford Fairlane, and label in which he tossed they down on the new table right there in advance of me.
We believe so it testimony shows without question you to definitely one another Melancon and you may Pilgrim have been cognizant of one’s dependence on the latest «Motor vehicle Certification off Label Act,» and therefore Pilgrim, since the broker of one’s monetary institution, if you are making reference to Melancon, as agent regarding Triangle Put Trucks, is actually insisting, and you will dedicated to ascertaining, that the needs of one Work ended up being complied that have just before Individuals Financing & Financing cutting-edge cash on the brand new Ford vehicles which was protected by the new conditions of your own Work. Certainly, when this testimony was aided by the universal *226 rule one to persons try presumed to understand what the law means also to adhere to its requirements, Mayor &c. from 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 it was enough to approve the newest demo judge, resting given that trior out of the legislation and circumstances in the possible, discover the claimant had invested Triangle Made use of Vehicles which have indicia from control with the Ford auto, and this the plaintiff in the fi. fa, try subscribed to manage Triangle based on including indicia. Therefore, the trial legal is actually licensed to get the vehicle susceptible to new levy.
Melancon titled your on cellphone valuing transfer of auto and you will requested which he replace the notes in the `62 Pontiac into `63 Ford, the guy told your that in case it absolutely was according to the financing worthy of towards Ford, they might exercise; he informed Mr
L. 1961, pp. Point sixteen of these Operate, not, relieves a distributor from inside the vehicles of responsibility imposed through to other transferees of the Point 15 away from securing a special term certificate regarding the Funds Administrator regarding term of agent. Around that section the fresh agent is just expected to provides when you look at the his palms the certificate out of identity provided to the previous manager that have an assignment and you will warranty out-of name duly executed and fast auto and title loans Perry Point MD sworn so you can in advance of an officer licensed to manage oaths, such assignment, when therefore designed to a provider, being conducted during the empty. In the case during the pub new name certificate itself was not delivered from inside the proof, while the testimony regarding if the name certification toward 1963 Ford vehicles and that Mr. Wreyford replaced to help you Triangle Used Trucks try actually ever closed from the Mr.