Blount v. Kimpton
Massachusetts Supreme Judicial Court
Contract upon two promissory notes, signed by Charles A. Kimpton and Alonzo Kimpton, copartners. At the trial in the Superior Court, before Mason, C. J., it appeared that the defendant Charles A. Kimpton before signing the notes in question was in partnership with one Blount, under the style of Blount and Kimpton, and that the firm of Blount and Kimpton became insolvent, and settled with its creditors, among whom was the plaintiff, by a composition.
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Contract upon two promissory notes, signed by Charles A. Kimpton and Alonzo Kimpton, copartners. At the trial in the Superior Court, before Mason, C. J., it appeared that the defendant Charles A. Kimpton before signing the notes in question was in partnership with one Blount, under the style of Blount and Kimpton, and that the firm of Blount and Kimpton became insolvent, and settled with its creditors, among whom was the plaintiff, by a composition. The defendants contended and introduced evidence, which was contradicted, to show that the notes in question were given to the plaintiff for the…
1Opinion of the CourtMorton, J.
The defendants do not question the well settled rule that confidential communications made by a client to an attorney for the purpose of obtaining his advice and assistance in reference to the matter which is the subject of them cannot be disclosed by the attorney without the consent of the client. Foster v. Hall, 12 Pick. 89. They contend that, if they are made in the presence and hearing of a third person, that removes the privilege, and makes the testimony of the attorney concerning them admissible. But as between the client and attorney they are still confidential, though made in the…
2Cases cited1 opinion
- Montgomery v. PickeringMassachusetts Supreme Judicial Court · 1874
3Cited by8 opinions
- Baumann v. . SteingesterNew York Court of Appeals · 1915
- Commonwealth v. GoldmanMassachusetts Supreme Judicial Court · 1985
- Commonwealth v. RosenbergMassachusetts Supreme Judicial Court · 1991
- Hartness v. BrownWashington Supreme Court · 1899
- Commonwealth v. BarronianMassachusetts Supreme Judicial Court · 1920
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