Bellport v. Harkins

Citations

• 104 Kan. 543
• 180 P. 220
• 1919 Kan. LEXIS 311

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Notary Public — Liability for Damages Resulting from False Statement in Acknowledgment of Deed. A notary public is not a guarantor or insurer of the identity of a person for whom he performs notarial services. The standard of official duty required of a notary public is the usual one-which the law exacts of public officials, that of reasonable prudence, diligence, efficiency, and good faith. If the notary is negligent, he is liable, otherwise not.</p> <p>2. Same. A notary public cannot, without risk of personal liability for damages, certify to the identity of a stranger who seeks his notarial services; and the recital in a notary’s certificate that a certain person appeared before him, etc., is a pertinent declaration of such person’s identity.</p> <p>3. Same — Evidence—Question of Fact for Jury. The evidence touching the negligence of a notary public in certifying to the identity of a person who invoked his notarial services examined, and held to present a fair question for a jury, and held not to be subject to a demurrer.</p> <p>4. Same — Trial—Instructions. The evidence examined, and held to require a pertinent instruction on the question whether the plaintiff relied on the notary’s certificate of identity or on the plaintiff’s own judgment as to the identity of a pretender who forged, executed, and acknowledged a deed of conveyance.</p> <p>5. Same — Negligence in Taking Acknowledgment of Deed. A notary public who takes the acknowledgment of an impostor to a forged deed, and negligently certifies to the impostor’s identity, cannot escape liability merely because the name of the grantee is omitted from the deed.</p>