17 Johns. 335 | N.Y. Sup. Ct. | 1820
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
The admissions in the recital contained in the deed of one of the lessors, was evidence in the cause against all of them ; for he could not be called as a witness, and they have a comrrm-nity of interest. (Phillips's Ev. 71, 72, 73. 11 East, *588, 589. Gilb. Ev. 51. 1 Maule & Sel. 249.) The motion for a new trial must be denied.
Motion denied.
Johnson v. Daverne, 19 Johns. Rep. 134. Jackson, ex dem, Neilson, 18 Johns. Rep. 330. Wilson v. Troup, 2 Cowen, 195.