Jackson ex dem. Haverly v. French
New York Supreme Court
This was an action of ejectment. The plaintiff claimed J r to recover the equal undivided fourth part of a lot of land situate in the county of Saratoga. Nicholas Visscher, the maternal grandfather of the wife of Haverly, was the owner of the lot in question, and by his last will and testament bearing date 30th June, 1778, devised the same to his daughter-Margaret, the wife of John Wemple. Wemple and wife had four ch'ldren, of whom th e" wife of Haverly was one.
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This was an action of ejectment. The plaintiff claimed J r to recover the equal undivided fourth part of a lot of land situate in the county of Saratoga. Nicholas Visscher, the maternal grandfather of the wife of Haverly, was the owner of the lot in question, and by his last will and testament bearing date 30th June, 1778, devised the same to his daughter-Margaret, the wife of John Wemple. Wemple and wife had four ch'ldren, of whom th e" wife of Haverly was one. Margaret Wemple died 12 or 14 years before the trial, and John Wemple died 5 or 6 years before the trial. It was proved that the…
1Opinion of the Court
*339 By the Court,
Savage, Ch. J.
The counsel himself canaot disclose a communication made to him by his client relative to a case in which the relation of client and counsel exists ; but that privilege is confined to counsel, to an interpreter, and perhaps to the clerks of an attorney or counsel, though as to the latter the cases differ. But if a party makes communications to counsel in presence of persons in no way connected with the counsel, such persons are bound to disclose what they may have heard.
The fact being shewn that the defendant held under Wemple, the question arises, could his…
2Cited by22 opinions
- People v. . BuchananNew York Court of Appeals · 1895
- Baumann v. . SteingesterNew York Court of Appeals · 1915
- In re BooneU.S. Circuit Court for the District of Northern California · 1897
- Tyler v. HallSupreme Court of Missouri · 1891
- Ingraham v. . BaldwinNew York Court of Appeals · 1853
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