Hatton v. Holmes

Citations

• 97 Cal. 208
• 31 P. 1131
• 1893 Cal. LEXIS 512

Syllabus

<p>Banks and Banking— Checks—Forged Indorsement of Payee’s Name — Bights of Drawer. —A bank which pays a cheek upon the forged indorsement of the name of the payee acquires no right on it as against the drawer of the check, and has no right to charge the amount paid against the drawer’s account.</p> <p>Id__Liability of Notary — False Acknowledgment of Forged Mortgage— Note for Check with Forged Indorsement. —In an action against a notary public to recover as damages a sum of money, which was alleged to have been loaned by the plaintiff upon a forged mortgage of land, which contained a false acknowledgment by the notary, where it appears that the money was paid by a hank in which the plaintiff had a deposit upon a forged indorsement of the payee’s name upon a check given by the plaintiff for the money to be loaned, no loss is shown by the plaintiff, and he is not entitled to recover as against the notary for the money so paid by the bank.</p> <p>Negligence of Notary—Introduction by Third Party—Negligence of Losing Party. — A notary public has no right, in disregard of the statute, to certify that he knows a person whom he does not know, on the mere introduction of some third party, and if he does so, and loss results therefrom, he renders himself and his sureties liable to make good the loss, unless the negligence of the losing party is the proximate cause of the loss.</p>