Fogarty v. Finlay
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action on the official bond of Joseph W. Finlay, as notary public, for damages resulting from a neglect to state in his certificate of acknowledgment to a mortgage, that the mortgagor was personally known to him, etc., or was proven to be the same person by a competent witness.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action on the official bond of Joseph W. Finlay, as notary public, for damages resulting from a neglect to state in his certificate of acknowledgment to a mortgage, that the mortgagor was personally known to him, etc., or was proven to be the same person by a competent witness. The case was tried before a jury, who, under the directions of the Court, returned a special verdict. The Court below, after finding certain facts, found, as a conclusion of law from such facts : “ That the plaintiff…
1ConcurrenceField, J.
Plaintiff loaned to one Dupuy a sum of money, taking as security a mortgage on a lot in San Francisco. The mortgage was acknowledged by Dupuy, before defendant Finlay, who was a notary public for San Francisco county.
The mortgage used was an ordinary printed form, having a certificate of acknowledgment in blank, in which was inserted, in the hand-writing of one Sanders, who acted in the transaction as attorney for both mortgagor and mortgagee, the name of the mortgagor and the date of the acknowledgment. To this certificate the notary affixed his signature and seal, omitting to state either…
2Cases cited1 opinion
- Wolf v. FogartyCalifornia Supreme Court · 1856
3Cited by14 opinions
- People ex rel. Munson v. BartelsIllinois Supreme Court · 1891
- Henderson v. SmithWest Virginia Supreme Court · 1885
- Gordon v. City of San DiegoCalifornia Supreme Court · 1895
- Transamerica Title Insurance v. GreenCalifornia Court of Appeal · 1970
- Bank of Woodland v. OberhausCalifornia Supreme Court · 1899
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