Jackson ex dem. Dale v. Denison
New York Supreme Court
This was an action of ejectment, tried at the Madison cir-. cuit in April, 1828, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of ejectment, tried at the Madison cir-. cuit in April, 1828, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff produced in evidence a deed of the premises in question from William Cutting and Gertrude his wife, to Robert L. Livingston, one of the lessors of the plaintiff, bearing date 1st May, 1817, and also a deed from Livingston to Dale, the other lessor, (the date of which is not mentioned in the case,) and proved the declarations of the defendant made six or seven years before the trial, that he had been to see abom the land of which he was in…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Had it appeared positively’ that the plaintiff’s counsel had a counterpart to the agreement, there could have been no reason for calling on the defendant for the paper in his possession; the fact, however; was not proved. The only question therefore is whether the contents could be proved by the defendant’s counsel. The contents of such a paper seem to be considered a confidential communication between the client and counsel. (5 Stark. Ev. 396, n. b. 5 Esp. R. 120. 14 Johns. R. 399.) On this point therefore the judge erred.
Excluding the testimony of Mr. Gridley from…
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