Gallagher v. Williamson

Citations

• 23 Cal. 331

Syllabus

<p>When property which has been sold is afterwards levied upon and sold under an execution by a creditor of the vendor, and suit is brought by the vendee to recover damages for the alleged wrongful taking, and the defense is, that the sale was made to defraud creditors, and that there was no immediate delivery or continuous change of possession, the statements of the vendor, whether made before or after the sale, are competent evidence to prove the fraud as against him. Whether the statements of the vendor are evidence against the vendee depends on circumstances. If made before the sale is completed, they are evidence against the vendee.</p> <p>Confidential communications made by a client, to an attorney, respecting the business he is employed to transact, are privileged, and the attorney cannot be compelled to disclose them. But statements made by^the client, to other persons at the time, or by other persons to him, are not thus privileged, and the attorney is bound to disclose them the same as any other witness.</p> <p>On the trial, this interrogatory was put to a witness : “Did you see any difference in the appearance or management of things after the sale, from that before the sale, of the stage and horses to plaintiff?”</p> <p>Sold, to be a proper question, and not objectionable in cases of this character.</p> <p>Where a Court instructs a jury upon what state of facts they may find a verdict for a party, the instruction should include all the facts in controversy material to the right of plaintiff, or defense of defendant.</p>