Aetna Casualty & Surety Co. v. Commonwealth Ex Rel. Andres

Opinion of the Court by

Judge Willis

Affirming.

A. R. Schoffner was a notary public for Jefferson county, Ky., and the -¿Etna Casualty.& Surety Company was surety on Ms official bond. In an action predicated upon the negligence and fraud of the notary, a judgment was rendered against the surety. It has prosecuted tMs appeal, insisting that it is not liable, because the fraudulent act of the notary public was not done in his official capacity, but as a real estate agent, and that the certificate of the officer was not the proximate cause of the damage. The terms of the bond followed the language…