State ex rel. Heitkamp v. Ryland
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. Selden P. Spencer, Judge. A notary public who falsely certifies that he is personally acquainted with the grantor in a deed, whom he does not kuow, and who is personated by another, is liable to all persons damaged by such false certificate. It will not avail anything for the notary to say he was not aware of its falsity, or that he believed it to be true. It is his duty to know it to be true. State to use v. Meyer, 2 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — lion. Selden P. Spencer, Judge. A notary public who falsely certifies that he is personally acquainted with the grantor in a deed, whom he does not kuow, and who is personated by another, is liable to all persons damaged by such false certificate. It will not avail anything for the notary to say he was not aware of its falsity, or that he believed it to be true. It is his duty to know it to be true. State to use v. Meyer, 2 Mo. App. 413; State to use v. Plass, 58 Mo. App. 148; R. S. 1889, secs. 2407 and 2412; 2 Sherman & Redfield on Negligence (Ed.…
1Opinion of the CourtSherwood, P. J.
This cause has been certified to this court by the St. Louis Court of Appeals, on the ground that the opinion of that court was thought by one of the judges to be in conflict with State v. Meyer, 2 Mo. App. 413.
The action'is one brought by relator on the official bond of defendant as notary public. The gravamen of the action is *282the giving by defendant of a false certificate of acknowledgment to a mortgage deed purporting to be acknowledged by one Richard H. Sykes of Adams county, Illinois, when in truth and in fact, it was acknowledged by one who assumed to bear his name.
Section 7111 of the…
2Cases cited12 opinions
- State ex rel. Russell v. MooreSupreme Court of Missouri · 1854
- Turner v. SissonMassachusetts Supreme Judicial Court · 1884
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
- State ex rel. Kleinsorge v. MeyerMissouri Court of Appeals · 1876
- State ex rel. Covenant Mutual Life Insurance v. BalmerMissouri Court of Appeals · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Park National Bank v. Globe Indemnity Co.Supreme Court of Missouri · 1933
- State ex rel. Matter v. John Ogden & American Surety Co.Missouri Court of Appeals · 1915
- Homan v. Wayer320California Court of Appeal · 1908
- United States Fid. & Guar. Co. v. State Ex Rel. WardMississippi Supreme Court · 1951
- Barnard v. SchulerSupreme Court of Minnesota · 1907
4 more not listed; retrieve them via the Exa API.