Stork v. American Surety Co.

Citations

• 109 La. 713
• 33 So. 742
• 1903 La. LEXIS 432

Syllabus

<p>NOTARY PUBLIC — POWERS — CANCELLATION OP MORTGAGE — BOND—LIABILITIES — PRAUD.</p> <p>1. The powers of a notary public are not all stated in section 2492 of the Revised Statutes.</p> <p>2. The recorder of mortgages is authorized to cancel mortgages upon presentation of a certificate of notary.</p> <p>3. The bond of the notary is executed to secure the duties incumbent upon him.</p> <p>4. “In the ease of solemn acts — that is, of acts which, in order to be valid, must be drawn after the fulfillment of certain specified formalities” — (Schmitt v. Drouet, 8 South. 396, 42 La. Ann. 1067, 21 Am. St. Rep. 408), the notary is liable, also his bondsman, if they are not drawn in legal form.</p> <p>5. He and his bondsman are also liable if he is called upon to comply with the law as set forth in articles 3374 and 3383, Rev. Oiv. Code, regarding cancellation of mortgages, and he fails to carry out directions to cancel the mortgages, and avails himself of the opportunity to commit a fraud upon the person by whom he is employed to see to the cancellation.</p> <p>6. The notary was employed in that capacity, and was not employed as an attorney at law, as made evident by his receipt, and by the character of the act he had promised to perform.</p> <p>7.The notary had funds in hand with which he had been intrusted as an agent, and from which he might have made tender of costs to recorder of mortgages, in order to obtain cancellation of the mortgage.</p> <p>(Syllabus by the Court.)</p>