Ellis v. Hale
Montana Supreme Court
Appeal from, District Court, Rosebud County; Charles L. Crum, Judge. Action by Bradford H. Ellis against E. A. Cornwell and another. Judgment for defendant. PlaintifE appeals. Section 324 of the Revised Codes provides that each notary public shall give a bond in the sum of $1,000. This is for the protection of persons who may be injured by the acts of the notary public. The bondsmen are responsible for any acts of the notary public by which others are injured.
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Appeal from, District Court, Rosebud County; Charles L. Crum, Judge. Action by Bradford H. Ellis against E. A. Cornwell and another. Judgment for defendant. PlaintifE appeals. Section 324 of the Revised Codes provides that each notary public shall give a bond in the sum of $1,000. This is for the protection of persons who may be injured by the acts of the notary public. The bondsmen are responsible for any acts of the notary public by which others are injured. (Mahoney v. Dixon, 31 Mont. 107, 77 Pac. 519; Doran v. Butler (People v. Butler), 74 Mich. 643, 42 N. W. 273; Stork v. American Surety…
1Opinion of the CourtJustice Holloway
Early in 1915, Newton Sanders applied to C. F. Ellis & Co. for a loan of $1,000, to be secured by. a mortgage upon real estate situated in Rosebud county. The application was approved and a note payable to Richard H. Dana, Jr., and a mortgage in which Dana was named mortgagee, were forwarded by Ellis & Co. to Edgar H. Hale at Forsyth, to be executed by Sanders and wife. About April 12 the papers were returned apparently properly executed, the acknowledgment to the mortgage purporting to have been made by Sanders and wife before Hale as notary public. On April 12 a check payable to Hale, for…
2Cases cited3 opinions
- Mahoney v. DixonMontana Supreme Court · 1904
- State ex rel. Mathews v. BoughtonMissouri Court of Appeals · 1894
- People ex rel. Young v. NederlanderMichigan Supreme Court · 1913
3Cited by4 opinions
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
- McWilliams v. ClemMontana Supreme Court · 1987
- Aetna Casualty & Surety Co. v. Commonwealth Ex Rel. AndresCourt of Appeals of Kentucky (pre-1976) · 1930
- Governor ex rel. Kadin v. BristolWisconsin Supreme Court · 1938