Baker v. Arnold
New York Supreme Court
Assumpsit on a promissory note, by the endorsee against the makers. This cause was tried before Mr. Justice Thompson, at the Albany circuit, in September, Í802. The plaintiffs proved by the testimony of their attorney in the suit, the handwriting of the makers, and, by another witness, that of the endorser, who was also the original payee. Having done this, they there rested their case.
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Assumpsit on a promissory note, by the endorsee against the makers. This cause was tried before Mr. Justice Thompson, at the Albany circuit, in September, Í802. The plaintiffs proved by the testimony of their attorney in the suit, the handwriting of the makers, and, by another witness, that of the endorser, who was also the original payee. Having done this, they there rested their case. The defendants relied on the note’s having been given on an illegal consideration, and endorsed after it was due. To substantiate these points, they proposed to examine the attorney of' the plaintiffs(a) to…
1Opinion of the Court
*Thompson, J.
This application is made on the following grounds
1. That the inquiry offered to be made of the plaintiffs’ attorney, was improperly overruled by the court.
2. That the testimony of Boswell Lombard, the endorser, ought to have been admitted under the circumstances mentioned in the case.
With respect to the first point, I think the inquiry offered *341to be made of the plaintiffs’ attorney, was manifastly improper, and to have permitted it, woidd have been a violation of that rule, which the policy of the law has adopted, that an attorney shall not be permitted to betray a secret with…
2Cited by12 opinions
- Foster v. HallMassachusetts Supreme Judicial Court · 1832
- Ross v. KnightSuperior Court of New Hampshire · 1827
- In re the Probate of the Last Will & Testament of CarterNew York Surrogate's Court · 1924
- Chandler v. MasonSupreme Court of Vermont · 1829
- Stacy v. BakerIllinois Supreme Court · 1837
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