Whitney-Central National Bank v. Cuneo & Fidelity & Deposit Co.

Plaintiff, as the holder of certain mortgage notes, sues the surety and the notary before whom was executed a mortgage securing the payment of the notes.

The basis of liability is that the defendant in ciolation of his duty failed to cause the mortgage to be recorded until a year and a half after its execution and as a result of- his failure in this respect the mortgaged property was sold by the mortgagor to a third person and petitioner was thereby deprived of its security.

The defense is that the act of mortgage was promptly filed in the mortgage office and the notary did all that was…