Bramwell and Another, Assignees of the Estate and Effects of W. Noakes, a Bankrupt, against M. P Lucas, W. Thompson, and T. Groves
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1824 |
| Date | 31 May 1824 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 560
IN THE COURT OF KING'S BENCH.
S. C. 4 D. & E. 367; 2 L. J. K. B. 0. S. 161. Discussed, Greenvugh v. Gaskell, 1833, 1 Myl. & K. 114. Followed, Sawyer v. Birchmore, 1835, 3 Myl. & K. 576.
_[745] beamwbll and another, Assignees of the Estate and Effects of W. Noakes, ' -a Bankrupt, against M. P. lucas, W. thompson, AND T. geoves. Monday, May 31st, 1824. A communication made by a client to his attorney, not for the purpose of asking his legal advice, but to obtain information as to a matter of fact, is not privileged, and may be disclosed by the attorney, if called as a witness in a cause. [S. C. 4 D. & E. 367 ; 2 L. J. K. B. 0. S. 161. Discussed, Greenvugh v. Gaskell, 1833, 1 Myl. & K. 114. Followed, Sawyer v. Birchmore, 1835, 3 Myl. & K. 576.] Trover by the plaintiffs as assignees, to recover the value of a lease, and divers goods and chattels amounting to 2801. 19s. 10d., belonging to them as assignees of William Noakes, and by the defendants converted to their own use. At the trial before Abbott C.J., at the Middlesex sittings after last Hilary term, a verdict was found for the plaintiffs subject to the following case. On the 7th day of November last, at seven o'clock in the evening, the lease and goods were seized by the defendants, M. P. Lucas and W. Thompson, who were Sheriffs of London and also Sheriff of Middlesex, under two writs of elegit issued on that day, founded on a judgment obtained by the other defendant Groves against the said W. Noakes, for 40001. damages and 84s. costs; and the only question in the cause was, whether W. Noakes had committed an act of bankruptcy prior to such seizure under the said writs. In order to prove such prior act of bankruptcy, Scott was called as a witness on the part of the plaintiffs, and he stated that he acted as solicitor to the bankrupt, and in that character, and upon his (Scott's) suggestion to the bankrupt, called a meeting of his creditors, to be held at the George and Vulture tavern in Cornhill, at twelve o'clock at noon on the 7th day of November last; and that, in the morning of that day, W. Noakes came to his, [746] (Scott's) office, and enquired of the witness whether he could safely attend such meeting of his creditors without being arrested for debt; and that he, (Scott) advised him to remain at his office, until it was...
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