Inglewood Park Mausoleum Co. v. Ferguson

[218]

FRICKE, J.,

pro tem.

This is an action against a notary public and the surety on her official bond for damages suffered as the result of her certifying to an acknowledgment of a grantor’s signature on a forged trust deed. Rachel Hancock was the owner of certain real estate held by her as her separate property. Without her authority her husband, Paul C. Hancock, arranged for a loan on the property, signed his name to the note and trust deed and forged her name to these documents, which were then placed in escrow with the Title Guarantee and Trust Company. Inglewood Park Mausoleum Company, the lender, deposited $23,500 with the escrow holder with instructions to use the same, provided that within a time specified the title company issue to it its title policy showing the deed of trust. At the same time Paul C. Hancock deposited escrow instructions signed “Rachel M. Hancock by Paul C. Hancock”, deposited the note and trust deed to which he had forged the signature of his wife and then procured the acknowledgment of the deed by appellant Marie E. Ferguson, a notary public, without the knowledge of Rachel M. Hancock and without her appearance before the notary. The deed of trust was recorded, the title policy issued and the note delivered to respondent. All of the moneys deposited with the escrow holder were then paid out in accord.ance with the demands which were filed and the escrow made by Paul C. Hancock. Rachel M. Hancock was unaware of any of these transactions until some time after their conclusion.

Appellants, without citation of authority, present the point that respondent had no cause of action, it having 'suffered no damage, since the Title Guarantee and Trust Company had under its title policy paid to respondent the full sum of $25,000. Appellants overlook the fact that in no sense was the insurance for their benefit, nor did this sum come from them, and that their liability for damages was not extinguished by the payment of the insurance policy. “Damages recoverable for a wrong are not diminished by the fact that the party injured had been wholly or partly indemnified for his loss by insurance effected by him and to the procurement of which the wrongdoer did not contribute.”

(Loggie

v.