Joost v. Craig

TEMPLE, J.

This is an action against a notary public and his sureties for damages charged to have resulted from the negligence of the notary.

[506]

As appears from the record, in April, 1891, one Fisher, who was a real estate broker in San Francisco, as such broker offered to sell to plaintiff ten lots of land situate in San Mateo county, then standing in the name of Charles A. Anderson. The lots were part of the Abbey Homestead Association’s lands. Plaintiff was familiar with these lands and had bought a portion of them. He contracted with Fisher at once for the property, agreeing to pay one thousand dollars for it, conditioned, as usual, upon the title. He had an abstract made, and finding that the title of Anderson was good, informed the broker that he would pay whenever he received a deed from Anderson properly executed.

A deed was produced, apparently executed by Charles A. Anderson, and acknowledged before the defendant notary, and certified by him as follows:

"On this 27th day of April, in the year of our Lord one thousand eight hundred and ninety-one, before me, Lee D. Craig, a notary public in and for said city and county, duly commissioned and sworn, personally appeared Charles A. Anderson, known to me to be the person described in, whose name is subscribed to, who executed the within and annexed instrument, and he duly acknowledged to me that he executed the same,” etc.

In the body of the deed the grantor is described as “Charles A. Anderson, of Eedwood City, county of San Mateo, state of California.”

It turned out that the de'ed was a forgery, and was not executed or acknowdedged by Charles A. Anderson, of Eedwood City, or by any person known by that name, but the name of Charles A. Anderson was written by one Frank C. Koen.

Plaintiff accepted the deed and paid his money, relying solely upon the certificate of the notary. The lots were of the market value of one thousand dollars. The plaintiff, through his reliance upon the certificate, paid the said sum of one thousand dollars, which was thereby lost.

It is provided in section 801 of the Political Code that: “For the official misconduct or neglect of a notary public, he and the sureties on his official bond are liable to the parties injured thereby for all the damages sustained.” This statute sets at