Collins v. Hoffman

Citations

• 62 Wash. 278
• 113 P. 625
• 1911 Wash. LEXIS 691

Syllabus

<p>Taxation — Foreclosure—Vacation—Fraud— Evidence— Admissibility — Attorney and Client — Privilege. Upon an issue of fraud in an action to set aside a tax> foreclosure, where it appears that the certificate of delinquency was issued to the manager and secretary of a corporation, then the owner of the property, and assigned to a third party, and subsequently the corporation conveyed the property to plaintiff, and the tax foreclosure proceeded in the name of the assignee and against the corporation, the manager accepting service, without giving any notice to the plaintiff, it is error to exclude evidence of the attorney who foreclosed the certificate, and ostensibly represented the assignee, showing that he was in fact employed by the manager of the corporation, the sole defendant in the foreclosure suit; since the attorney’s testimony and letters between him and the manager are not privileged, and the existence of the relation of attorney and client between them would establish the fraud.</p> <p>Fraud — Evidence—Admissibility. Upon an issue of fraud, tried to the court, latitude should be allowed to show any circumstances from which fraud could be naturally inferred.</p> <p>Corporations — Officers —Representation— Fraud — Taxation— Sale. The secretary and manager of a corporation cannot purchase at a tax sale property of the corporation without color of fraud against the corporation or its grantee.</p> <p>Witnesses' — Privilege—Attorney and Client. An attorney is not privileged from disclosing by whom he was employed nor the terms of the employment.</p> <p>Same. Letters between an attorney and client are not privileged irrespective of the nature of the confidential disclosures.</p> <p>Appeal and Error — Decision—Remand. The dismissal of a case tried to the court, upon excluding plaintiff’s evidence, results in a mistrial, as the supreme court cannot try the cause de novo', or preclude the defendants from making their defense.</p>