Preder

Preder v. Fidelity & Casualty Co.

Good Law
116 Cal. App. 17·1931 Cal. App. LEXIS 348·2 P.2d 223
Court of Appeal of CaliforniaAugust 4, 1931Docket No. 6866.California420 words

Opinion

Lead Opinion

Craig, J.

General and special demurrers having been sustained, the plaintiff appealed from the resultant judgment.

Respondent Schreiber was a notary public in and for the county of Los Angeles, and the respondent corporation issued its usual bond guaranteeing the faithful performance of her services as such notary public. A deed of trust, bearing the forged signature of appellant as one of three trustees of a firm designated as Nau, Preder & Co., purporting to be a lien upon certain real property and to secure a promissory note, was certified as having been acknowledged personally by said trustees. Being “hard pressed financially . . . plaintiff was compelled to sell” said property and “to make said sale and clear the title . . . was compelled to pay” the principal sum of said note. It was further alleged that the notary also certified to certain deeds “making up the title upon which said forged trust deed rested”, but it nowhere appears as to what if any damage appellant claims to have sustained as a result of these latter alleged derelictions. The asserted basis of the action arises from the fact that the defendant Schreiber certified to a false signature, and falsely certified that the…

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