Peterson v. Title Guaranty & Surety Co.

THE COURT.

In this action the plaintiff sought to recover from the defendant, as surety upon the official bond of a notary public, damages sustained by plaintiff’s intestate through his reliance upon a false certificate of acknowledgment issued by said notary. The defendant both by demurrer to the complaint and by answer pleaded section 338, subdivision 1, of the Code of Civil Procedure, requiring an action upon a liability created by statute other than a penalty or forfeiture to be brought within three years of its accrual—■ it appearing upon the face of the complaint that the present action…