Dowdy

I am unable to concur. Though no precedent has been found which deals with the factual situation here presented, application of recognized legal principles leads, in my opinion, to affirmance of the judgment.

It must be borne in mind that judgment has been entered in plaintiff’s favor against Dowdy and that the only question here presented is the liability of the surety upon his notarial bond.

The basic facts are that Dowdy signed his own name to a certificate of doing business under a fictitious firm name, declaring himself to be the owner of a business actually belonging to and conducted under the name of his employer. Standing alone this could not lay a basis for liability on the bond and the majority opinion so concedes. Next, Dowdy, who was a notary, completed a fictitious notarial certificate upon said firm name document using the name of M. L. Johnson as that of the certifying notary. Thus Dowdy appears in the transaction as signer of the firm name certificate but not as notary. His notarial seal was also affixed but it did not bear his name and hence was one which could belong to any notary.

The bondsman’s obligation is strictissimi juris and is expressly conditioned…

This is an appeal by the plaintiff from a judgment in favor of the defendant General Casualty Company (hereinafter called "the Casualty Company") in an action against a notary public and his bonding company on his official bond to recover for damages alleged to have resulted from the fraud and deception of the notary. Dowdy, the notary, failed to appear and no appeal has been taken from the default judgment entered against him.

The facts are not in dispute and were stipulated to be as follows: "[T]hat H. M. Dowdy was appointed a notary public and that on July 9, 1954, the defendant casualty company issued its indemnity bond which was recorded; that thereafter on May 15, 1956, defendant Dowdy, using his official seal, forged the name of M. L. Johnson to the jurat on a certificate of business fictitious firm name, which certificate stated that defendant Dowdy was the owner of Supreme Supply Company; that Dowdy was at that time an employe of Supreme Supply Company which was a sole proprietorship owned by Carl P. Kriwanek. By the use of the certificate of business fictitious firm name, bearing the forgery, defendant Dowdy was able to open a bank account with the…

This is an appeal by the plaintiff from a judgment in favor of the defendant General Casualty Company (hereinafter called “the Casualty Company”) in an action against a notary public and his bonding company on his official bond to recover for damages alleged to have resulted from the fraud and deception of the notary. Dowdy, the notary, failed to appear and no appeal has been taken from the default judgment entered against him.

The facts are not in dispute and were stipulated to be as follows: “ [T]hat H. M. Dowdy was appointed a notary public and that on July 9, 1954, the defendant casualty company issued its indemnity bond which was recorded; that thereafter on May 15, 1956, defendant Dowdy, using his official seal, forged the name of M. L. Johnson to the jurat on a certificate of business fictitious firm name, which certificate stated that defendant Dowdy was the owner of Supreme Supply Company; that Dowdy was at that time an employe of Supreme Supply Company which was a sole proprietorship owned by Carl P. Kriwanek. By the use of the certificate of business fictitious firm name, bearing the forgery, defendant Dowdy was able to open a bank account with the plaintiff in the…