Hamil & Co. v. England
Missouri Court of Appeals
Appeal from the Schuyler Circuit Cowrt. — Hon. Andrew Ellison, Judge. (1) The court erred in excluding the portions of J. J. Parsons’ deposition tending to prove that the sale from England to Magee was without consideration, and contrived for the purpose of defrauding England’s creditors. The attorney was a party to the fraud, a ■co-conspirator. The privileged relation of attorney and client can only exist for lawful and honest purposes.
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Appeal from the Schuyler Circuit Cowrt. — Hon. Andrew Ellison, Judge. (1) The court erred in excluding the portions of J. J. Parsons’ deposition tending to prove that the sale from England to Magee was without consideration, and contrived for the purpose of defrauding England’s creditors. The attorney was a party to the fraud, a ■co-conspirator. The privileged relation of attorney and client can only exist for lawful and honest purposes. The contrivance of a fraud is no part of the duty of an attorney. To protect such communications would be to foster and encourage fraud; it is contrary to…
1Opinion of the CourtEllisow, J.
— This action was instituted by attachment. Magee interpleaded for the property. He was successful in the trial court, and plaintiffs bring the case here.
Interpleader claimed title through the defendant in the attachment suit, and the plaintiffs sought to prove that the transfer was made by defendant to interpleader to cheat and defraud his creditors, and that inter-pleader was a party to the fraud. For this purpose he offered the deposition of one Parsons, an attorney-at-law, who counseled and advised with defendant as to the transfer, and who drew up the bill of sale. This testimony, if…
2Cases cited2 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Deuser v. WalkupMissouri Court of Appeals · 1891
3Cited by11 opinions
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- Jafarian-Kerman v. Jafarian-KermanMissouri Court of Appeals · 1967
- Standard Fire Insurance v. SmithhartCourt of Appeals of Kentucky · 1919
- Exxon Corp. v. DEPARTMENT OF CONSERVATION AND NATURAL RES.Supreme Court of Alabama · 2003
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