Brown v. Payson
Superior Court of New Hampshire
Assumpsit upon two promissory notes payable to J. A. Low, or order, and endorsed. The cause was tried in the common pleas, September term, 1833, upon the general issue, when the defendant attempted to prove that said notes were given for lottery tickets, and having called the plaintiff’s attorney as a witness, proposed to him two questions. 1. Were these notes endorsed, when they were put into your hands for collection ? 2. Were not these notes left with you for collection…
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Assumpsit upon two promissory notes payable to J. A. Low, or order, and endorsed. The cause was tried in the common pleas, September term, 1833, upon the general issue, when the defendant attempted to prove that said notes were given for lottery tickets, and having called the plaintiff’s attorney as a witness, proposed to him two questions. 1. Were these notes endorsed, when they were put into your hands for collection ? 2. Were not these notes left with you for collection by J. A. Low, the person to whom they were made payable ? The plaintiff’s attorney objected to answering upon the ground…
1Opinion of the Court
Parker J.
The general rule, that a client is protected in the confidence which he reposes in his attorney, is well settled.
It is contrary to the policy of the law, to pormit any person to betray a secret with which the law has entrusted him, Bull, N. P. 284 ; and the necessity of an unreserved communication, by individuals, to those they employ in legal affairs, 'has induced courts to consider the attorney as standing in the place of the client, and, for the benefit of the client, to hold, that the attorney is not bound to become a witness to those matters of which he derived knowledge from…
2Cases cited6 opinions
- Johnson v. DaverneNew York Supreme Court · 1821
- Phillips v. HydeSupreme Court of the United States · 1789
- AnonymousMassachusetts Supreme Judicial Court · 1811
- Lynde v. JuddConnecticut Superior Court · 1807
- Jackson ex dem. King v. Burtis & WoodwardNew York Supreme Court · 1817
1 more not listed; retrieve them via the Exa API.