Hoy v. Morris

79 Mass. 519 (1859)

Facts

A statement of D to his counsel was overheard and became known to Aldrich under circumstances that entitled P to benefit regarding that testimony. Aldrich was not an attorney nor was he connected in any way with D's attorney. Aldrich was a mere bystander who casually overheard the conversation that was not intended for him. The court allowed the testimony. This appeal resulted.