Advice by attorney to client as to person with whom client has business. Kruse v. Rabe, 80 N. J. Law, 378.
Fiduciary relations. Communications made in the line of a business duty, for example, by an agent or employee to his principal or employer are privileged. Wright v. Woodgate, 2 C. M. & R. 573; Scarll v. Dixon, 4 F. & F. 250; Stace v. Griffith, L. R. 2 P. C. 420; Hume v. Marshall, 42 J. P. 136; Washburn v. Cooke, 3 Den. 110; Lewis v. Chapman, 16 N. Y. 369.
Family relations. A bona fide communication by a brother to his sister reflecting on the character of her suitor is privileged. Anon., 2 Smith, 4, cited; Adams v. Coleridge, 1 T. L. R. 4. So is a similar communication by a son-in-law to his mother-in-law. Todd v. Hawkins, 2 M. & Rob. 20, 8 C. & P. 88.
Inquiry as to character of candidate for admission to a society. Cadle v. McIntosh, 51 Ind. App. 365.
[486]. Only this opinion and the dissenting opinion of Creswell, J., are given. Erle, J., concurred with the Lord Chief Justice; Coltman, J., agreed with Cresswell, J.
[487]. “If it had been necessary, I should have been fully prepared to go the whole length of the doctrine laid down by Tindal, C. J., in the case of Coxhead v. Richards,” per Willes, J., in Amann v. Damm, 8 C. B. N. S. 592, 602. Blackburn, J., in Davies v. Snead, L. R. 5 Q. B. 605, 611, and Lindley, J., in Stuart v. Bell, [1891] 2 Q. B. 341, 347, expressed similar approval of the opinion of Tindal, C. J.
Vanspike v. Cleyson, Cro. El. 541; Peacock v. Reynal, 2 Br. & Gold. 151, 15 C. B. N. S. 418, cited; Herver v. Dowson, Bull. N. P. 8; Cleaver v. Sarraude, 1 Camp. 268, cited; Picton v. Jackman, 4 Car. & P. 257; Dixon v. Smith, 29 L. J. Ex. 125, 126; Masters v. Burgess, 3 T. L. R. 96; Stuart v. Bell, [1891] 2 Q. B. 341; Hart v. Reed, 1 B. Mon. 166; Fresh v. Cutter, 73 Md. 87; Noonan v. Orton, 32 Wis. 106 Accord.
Cockayne v. Hodgkisson, 5 Car. & P. 543 (semble); King v. Watts, 8 Car. & P. 614; Brown v. Vannaman, 85 Wis. 451 Contra. But see Hocks v. Sprangers, 113 Wis. 123.
In Bennett v. Deacon, 2 C. B. 628, a creditor of a buyer volunteered a warning to the seller as to the buyer’s credit. The court was evenly divided as to whether the communication was privileged.
Compare Irion v. Knapp, 132 La. 60 (letter to a public board as to a candidate for an appointment).