Nolan v. Labatut

Citations

• 117 La. 431
• 41 So. 713
• 1906 La. LEXIS 718

Syllabus

<p>1. Notaeies — Misconduct — Liabilities on Bond.</p> <p>Where a notary represents that some one wants to borrow a certain sum of money, and that the act of mortgage to secure the loan will be passed before him, and that if the money is sent to him he will pass the act of mortgage and deliver the mortgage note to the lender, and the money is sent to him, and instead of a genuine mortgage note he delivers a note paraphed by him as notary for identification with an act of mortgage, but which is in fact nothing but a forgery, held, the notary, under these circumstances, owed the duty to the lender of the money to execute a genuine act of mortgage, and for his violation of that duty the surety on his bond is responsible.</p> <p>[Ed. Note. — For cases in point, see vol. 37, Cent. Dig. Notaries, §§ 28, 31.]</p> <p>2. Same.</p> <p>And the surety is in like manner responsible if the notary, instead of representing that the act of mortgage is to be passed by him, represented that it had already been passed by him, and supported the assertion by pointing to his official paraph on the note. In such a case he would have given currency to the note by means of his official paraph.</p> <p>Breaux, C. J., dissenting.</p> <p>On Rehearing.</p> <p>3. Same — Oonsteuction ob Bond.</p> <p>■ The notary in the parish of Orleans is required to give a bond in the sum of $10,000, “conditioned as the law directs for the faithful performance and discharge of his duties as notary public,” and he and his surety are liable thereon, not only to those who employ him, but to any one who may sustain loss by reason of his failure, faithfully, to discharge his duties as notary, or by reason of his wrongful acts, committed by virtue, or by means, or under color, of his office.</p> <p>4. Same — Duties.</p> <p>It is, however, no part of the duty of a notary to solicit or receive money for investment, and money intrusted to him for that purpose is not received in the discharge of the duties, or by virtue, o