Whiting v. . Barney
New York Court of Appeals
Appeal from a judgment of the Supreme Oourt. This action was brought to set aside á bond and mortgage as usurious and void.
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Appeal from a judgment of the Supreme Oourt. This action was brought to set aside á bond and mortgage as usurious and void. The complaint alleged that on the 25th day of June, 1857, the plaintiff loaned of David Barney, deceased, the defendant’s testator, $866. That at the same time said deceased agreed to loan to the plaintiff the full sum of $600, for which the plaintiff, together with his wife, agreed to execute a mortgage upon certain real estate, to secure the plaintiff’s bond, which was to be given conditioned to pay a like amount. That as a condition of such loan, it was agreed that…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This case presents but the single question whether the conversation between the plaintiff and the defendant's testator, in the presence of Mr. Hurlbert, comes within the rule which protects the professional communitions of clients to their attorneys or counsel. Upon no subject are the decisions more directly conflicting than as to the extent of this privilege. To reconcile them is impossible. It is not difficult, however, to ascertain the source of the conflict,…
2Cases cited2 opinions
- Phillips v. HydeSupreme Court of the United States · 1789
- Mills v. GriswoldSupreme Court of Connecticut · 1792
3Cited by49 opinions
- People v. GombergNew York Court of Appeals · 1975
- Rossi v. Blue Cross & Blue ShieldNew York Court of Appeals · 1989
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- Britton v. . LorenzNew York Court of Appeals · 1871
- Doheny v. . LacyNew York Court of Appeals · 1901
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