Fogarty v. Finlay

Citations

• 10 Cal. 239
• 1858 Cal. LEXIS 223

Syllabus

<p>Where the condition of the bond of a notary public is, that he will “well and truly perform and discharge the duties of a notary public, according to lawHeld, that this clause embraces every act which he is authorized or required by law to do in virtue of his office.</p> <p>Where a notary public in taking and certifying an acknowledgment to a mortgage, neglected to state in his certificate that the party acknowledging the same was known to him, or was identified by the testimony of a witness examined by him for that purpose : Held, that such notary was guilty of gross and culpable negligence, and is responsible to the party injured for the damages resulting from such negligence.</p> <p>The purpose of a certificate of acknowledgment is, to entitle the deed to be recorded, and to be admitted in evidence, without further proof. Such a certificate is utterly worthless, for either purpose.</p> <p>Such neglect on the part of the notary is not excused by the fact that the certificate (which was a printed one, with blanks,) had been partially filled by the attorney of the grantee.</p> <p>If the notary read the certificate before signing it, the omission must have been known to him; if he did not read it, he is equally guilty of negligence.</p> <p>A notary holds himself out to the world as a person competent to perform the business connected with his office. By accepting the office, and entering upon the discharge of the duties, he contracts with those who employ him that he will perform such duty with integrity, diligence, and skill.</p> <p>A party employing a notary is not obliged to determine upon the validity or legality of his acts.</p> <p>Where a mortgaged debt has been lost by such negligence of the notary, the measure of damages is the amount of the debt and interest to be secured by the mortgage.</p>