Scotten v. Fegan
Supreme Court of Iowa
Appeal from Des Moines District Court. AotioN upon an official bond given by the defendant, Eegan, as notary public. The other defendants are sureties upon the bond.
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Appeal from Des Moines District Court. AotioN upon an official bond given by the defendant, Eegan, as notary public. The other defendants are sureties upon the bond. The petition shows that Eegan took the acknowledgment of a forged mortgage given to secure a note which was forged; that the note purported to be executed by one Joseph Oresop; that tbe mortgage was executed by a man who claimed to be Joseph Oresop, the owner of the land, and by a woman who claimed to be his wife, but who were not the persons they claimed to be; that the plaintiff purchased the note and mortgage of one who was…
1Opinion of the CourtAdams, J.
Although the plaintiff avers that Began falsely executed and issued his certificate, it is not claimed by him that his averment shows that Began acted in bad faith. We shall take the averment to mean, then, merely that Began made a false certificate as the result of negligence. So construing it, we have to say that in our opinion the petition is not sufficient.
The liability, as we view it, is a statutory one, and only such. We do not say that there would be no liability in the absence of a statute, but, there being a statute, the liability, we think, must be held to exist by reason- of it,…
2Cited by4 opinions
- Barnard v. SchulerSupreme Court of Minnesota · 1907
- Hatcher v. DunnSupreme Court of Iowa · 1897
- State ex rel. Heitkamp v. RylandSupreme Court of Missouri · 1901
- Browne v. DolanSupreme Court of Iowa · 1886