Whiting v. Barney
New York Supreme Court
THIS was an appeal from a judgment entered at a special term. The action was brought to set aside and cancel a bond and mortgage, executed by the plaintiff to David Barney, the defendants’ testator, on the ground of usury.
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THIS was an appeal from a judgment entered at a special term. The action was brought to set aside and cancel a bond and mortgage, executed by the plaintiff to David Barney, the defendants’ testator, on the ground of usury. On the trial, Jolm P. Hulburt was called as a witness by the plaintiff, and testified: “I live in Auburn; knew Captain Barney in his lifetime; know the plaintiff in this suit; I recollect their being at my office at one time, together, for the purpose of a money transaction; it was on the 25th of June, 1857. They came together, to my office; I was then an attorney and…
1Opinion of the CourtJ. C. Smith, J.
The principal question in this case is whether the communication was privileged, which the witness Hulburt testified was made to him by the defendants’ testator, on the 25th of June, 1857. On that occasion the testator and the plaintiff, his son-in-law, went together to the office of the witness, who was an attorney at law, and had been for many years the testator’s legal adviser, and after retiring with him to a private room, the testator, in the presence of the plaintiff, made to the witness the communication in question in relation to the terms and amount of a proposed loan of money from…
2Cited by3 opinions
- Root v. . WrightNew York Court of Appeals · 1881
- Prouty v. EatonNew York Supreme Court · 1863
- Brand v. BrandNew York Supreme Court · 1870