Brandt ex dem. Van Cortlandt v. Klein
New York Supreme Court
THIS was an action of ejectment for land in Hoosick patent, tried at the Rensselaer circuit, in December, 1818. The plaintiffs lessors having deduced a title to the premises from Jacobus Van Cortlandt, one of the original patentees, in 1688; the defendant’s counsel called on the plaintiffs counsel to produce the will of James Van Cortlandt, one of the anees-tors of the lessors, and through *whom they derived a title, which he refused to do.
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THIS was an action of ejectment for land in Hoosick patent, tried at the Rensselaer circuit, in December, 1818. The plaintiffs lessors having deduced a title to the premises from Jacobus Van Cortlandt, one of the original patentees, in 1688; the defendant’s counsel called on the plaintiffs counsel to produce the will of James Van Cortlandt, one of the anees-tors of the lessors, and through *whom they derived a title, which he refused to do. The defendant’s counsel then handed to him a written notice to produce it. It was objected that the notice was not sufficient, as it was not shown that…
1Per curiam
The case of Baker and another v. Arnold (1 Gaines’s Rep. 258.) is not an authority, either way, on the question as to what facts an attorney or counsel may testify, when called on as a witness. The judges appear to have been much divided, and no clear and satisfactory opinion on this point can be collected from the case.
The general rule is, that an attorney is not to be compelled to disclose confidential communications between him and his client, made in the course of his professional business. But as to collateral matters, the knowledge of which the attorney *268^ias acc|fored by personal…
2Cited by12 opinions
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- Hayes v. . ClaessensNew York Court of Appeals · 1922
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