Hatton v. Robinson
Massachusetts Supreme Judicial Court
Trespass for taking two mares, a chaise and chaise har ness. The defendant pleaded the general issue, and' filed a brief statement alleging that he attached them as the property of David Winch. At the trial, before Wilde J., it appeared, that the plaintiff claimed the property under a bill of sale from Winch. The defendant, to prove the bill of sale fraudulent, offered in evidence the deposition of Samuel Ames Esq., a counsellor at law in Providence.
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Trespass for taking two mares, a chaise and chaise har ness. The defendant pleaded the general issue, and' filed a brief statement alleging that he attached them as the property of David Winch. At the trial, before Wilde J., it appeared, that the plaintiff claimed the property under a bill of sale from Winch. The defendant, to prove the bill of sale fraudulent, offered in evidence the deposition of Samuel Ames Esq., a counsellor at law in Providence. The plaintiff objected to the admission of the deposition, on the ground that. Mr. Ames was employed in the transaction testified to by him, as…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The only question for the Court in the present case, is, whether the deposition of Mr. Ames was properly admitted in evidence ; and this depends upon the further question, whether the matters testified to by him, were to be considered as within the rule of privileged communications. Another question was indeed. made, namely, whether the deposiiion should have been wholly rejected ; or if a part were objectionable, as being *421privileged, the objection should not have been confined 10 such part. But as by far the greatest part of the deposition, both…
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