Brague v. Lord
New York Court of Appeals
Appeal by defendants from a judgment of the general term of the bT. Y. superior court. This action was brought to recover for services rendered by the plaintiff, Stephen B. Brague, who is an attorney at law, to Bufas L. Lord, in relation to the recovery of certain stolen property, and also for part of a reward which had been offered for the recovery or restoration of the property.
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Appeal by defendants from a judgment of the general term of the bT. Y. superior court. This action was brought to recover for services rendered by the plaintiff, Stephen B. Brague, who is an attorney at law, to Bufas L. Lord, in relation to the recovery of certain stolen property, and also for part of a reward which had been offered for the recovery or restoration of the property. After the commencement of the suit Bufos L. Lord died, and it was continued against his executors, Thomas Lord and David bT. Lord.' The property stolen consisted of bonds and securities, part of them the property of…
1Opinion of the CourtRapallo, J.
[After stating the facts.]—Questions are raised in respect to these conversations which are not free from difficulty ; but it is sufficient for the purposes of the present appeal, to pass upon the exceptions taken to the admission of the two conversations above particularly referred to.
We think these exceptions were well taken. Advice given by the plaintiff to Mr. Lord was a personal communication and transaction between them within the meaning of section 399, and, connected with the proof that Mr. Lord accepted and acted upon such advice, the evidence was material, and tended to maintain the…
2Cases cited18 opinions
- Holcomb v. HolcombSupreme Court of Connecticut · 1859
- Dubois v. . BakerNew York Court of Appeals · 1864
- Van Tuyl v. Van TuylNew York Supreme Court · 1869
- Sanford v. SanfordNew York Supreme Court · 1871
- Stanley v. WhitneyNew York Supreme Court · 1867
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3Cited by3 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Burnett v. NobleNew York Surrogate's Court · 1880
- Pease v. BarnettNew York Supreme Court · 1883