McAllister v. C. H. Clement

Citations

• 75 Cal. 182
• 16 P. 775
• 1888 Cal. LEXIS 502

Syllabus

<p>Negligence—Liability of Notary Public—Certificate of Acknowledgment to Mortgage—Damage without Injury. —The negligence of a notary public in making his certificate of acknowledgment to a chattel mortgage, by reason of which the lien of the mortgage was lost, will not entitle the mortgagee to recover damages against him, when the property intended to be secured by the mortgage was wholly valueless. Id.—Nominal Damages—Immaterial Error—Appeal.—Where the findings show the plaintiff to be entitled to recover nominal damages only, a judgment rendered in favor of the defendant will not be reversed on appeal. In such a case, the maxim, De minimis non mrat lex, is applicable.</p>