Bolt & Co. v. Gilmore
New York Supreme Court
Examination before trial.
1Opinion of the CourtMullan, J.
Upon examination before trial the question arose, can a client be compelled to reveal confidential communications . made to his attorney? It is contended that the form of the statute (Civ. Prac. Act, § 353; Code Civ Pro. § 835) impliedly permits such questions. It seems that there has been no express adjudication upon the point in this state, although there are numerous dicta to the effect that the client is protected by an ancient judge-made rule. Carnes v. Platt, 15 Abb. Pr. (N. S.) 337; Whiting v. Barney, 30 N. Y. 330; People v. Cravath, 58 Misc. Rep. *117154; Gage v. Gage, 13 App. Div.…
2Cases cited3 opinions
- Whiting v. . BarneyNew York Court of Appeals · 1864
- Gage v. GageAppellate Division of the Supreme Court of the State of New York · 1897
- People v. CravathNew York Court of General Session of the Peace · 1908
3Cited by2 opinions
- Mileski v. LockerNew York Supreme Court · 1958
- Ohlau v. KleinertNew York Supreme Court · 1923