Wreyford, acknowledge as opposed to objection, was a student in dispute

Melancon to bring a down seriously to pay new mention into Pontiac in addition to the latest mention to afford money to get loaned with the Ford; that he had heard of Ford to the Triangle’s package on numerous occasions; that Mr

Furthermore, discover zero direct confident testimony that, if it was closed, it actually was signed towards the expected foregone conclusion, that’s, “subscribed and you can pledged so you’re able to just before an officer registered to administer oaths. Wreyford *225 agreed to trading automobiles, he put the Pontiac to Mr. Wreyford and you may found Mr. Wreyford’s Ford, picking up meanwhile the new “tag acknowledgment” securely transmitted; one during the time Mr. Wreyford didn’t have within his fingers this new certification out of identity, however, that he set up to safe and you can did safer a certificate away from identity at a later time; he didn’t get the title transferred towards facts of one’s Commissioner in order to Triangle Used Cars since this is not just what rules demands; that “According to the law, as i see clearly, you can preserve a concept before you offered they again, nevertheless import it did not have becoming directed from your if you ask me and you may me to someone else”; however, your label to your Ford was given so site there you can your of the Mr.

Wreyford. Wayne Pilgrim, manager toward monetary institution (plaintiff during the fi. Melancon got advised him whoever auto it had been; if Melancon entitled valuing it transform, the guy (Pilgrim) advised your (Melancon) one given that Ford was a beneficial `63 model vehicles “the guy [meaning Triangle Made use of Automobiles, Inc.

Melancon called your on telephone valuing transfer of your own vehicles and you can requested he alter the notes regarding `62 Pontiac into the `63 Ford, he advised your when it was based on the mortgage really worth to the Ford, they’d do so; that he informed Mr

The guy delivered the ground package put in writing towards the `63 Ford Fairlane, and identity and then he threw they down on this new desk there prior to me.

We believe it testimony shows without a doubt that both Melancon and you can Pilgrim were aware of your element the new “Automobile Certificate out of Label Act,” which Pilgrim, given that broker of the finance company, while talking about Melancon, as broker off Triangle Put Trucks, is actually insisting, and you may dedicated to ascertaining, that the requirements of you to Work was actually complied having ahead of Peoples Mortgage & Finance state-of-the-art money on new Ford automobile that has been covered by this new arrangements of your own Act. Yes, if this testimony was making use of common *226 signal that individuals is actually thought to know what what the law states demands in order to follow its conditions, Mayor &c. regarding 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 think it was sufficient to authorize the newest trial courtroom, sitting because trior away from both the law additionally the factors into the the truth, to track down the claimant got spent Triangle Used Autos that have indicia from control for the Ford auto, and therefore the new plaintiff during the fi. fa, is actually signed up to deal with Triangle based on like indicia. For this reason, new demonstration courtroom was licensed to discover the vehicle subject to the brand new levy.

L. 1961, pp. Area sixteen of that Act, although not, alleviates a dealer during the automobiles of your responsibility enforced abreast of other transferees by the Area fifteen out-of protecting yet another title certificate out of the Money Commissioner regarding the name of your agent. Lower than you to point the new agent is required to enjoys into the his possession new certification off term given towards previous proprietor with a task and warranty out of name duly performed and you will sworn so you’re able to ahead of an officer authorized to manage oaths, such as for example assignment, when therefore designed to a dealer, being executed inside the empty. In the case in the club the latest label certification itself was not put during the evidence, as well as the testimony concerning perhaps the title certificate for the 1963 Ford vehicles and this Mr. Wreyford replaced to help you Triangle Utilized Vehicles try previously closed by Mr.