Legal Opinion

Crosby v. Berger

New York Court of Chancery

Decided December 3, 1844PublishedCited by 11 opinions

• This was an appeal by R. Lockwood, one of the defendants in this cause, from a decretal order of the vice chancellor of the first circuit, disallowing exceptions to a report, which report allowed the fourth and fifth exceptions to Lockwood’s answer, for insufficiency.

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• This was an appeal by R. Lockwood, one of the defendants in this cause, from a decretal order of the vice chancellor of the first circuit, disallowing exceptions to a report, which report allowed the fourth and fifth exceptions to Lockwood’s answer, for insufficiency. The bill was filed against Lockwood, as one of the executors and the principal legatee of Devine Duvet, to reach the property, in the hands of himself and his co-executors, which was allgdged to have come to the hands of the testatrix as executrix of l Balbi. The bill called for an account of the property which thus came to.…

1Opinion of the Court

The Chancellor.

It is not necessary to examine the question as to the fifth exception, as that question was decided adversely to the appellant, in the case of The Bank of Utica v. Messereau, (7 Paige's Rep. 517.)

The appellant is undér a mistake in supposing that an attorney or counsellor is privileged from answering as to every thing which comes to his knowledge while he is acting as attorney or counsel. The privilege only extends to information derived from his client, as such; either by oral communications, or from books or papers shown to him by his client, or placed in his hands in his…

2Cited by11 opinions

  1. United States v. Albert A. GoldfarbCourt of Appeals for the Sixth Circuit · 1964
  2. Matter of King v. . AshleyNew York Court of Appeals · 1904
  3. Arbuckle v. TempletonSupreme Court of Vermont · 1892
  4. People v. StoutCourt Of Oyer And Terminer New York · 1858
  5. Stanhilber v. GravesWisconsin Supreme Court · 1897

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