Privy

» 1, adj. (1) Connected with; concerned with; affected alike. (2) In the sense of "private," used in the English phrases privy council, privy seal, qq.

V.

Privy verdict

A verdict given privily to the judge, out of court; similai- to a sealed verdict.^ See further Verdict.

2, n.

A person so connected with another in an estate, a right, or a liability as to be affected as he is affected. Privies are persons between whom some connection exists, arising from a mutual contract: as, donor and donee; lessor and lessee; or, persons related by blood: as, ancestor and heir.' Privies in blood. Ancestor and heir, and co-parceners. Privies in estate. Lessor and lessee, donor and donee, and joint-tenants. Privies in representation. Testator and executor, intestate and administrator. Privies in law. Are created by the lawcasting land upon a person, as, in escheat." Privity. (1) Mutual or successive rela/tionship to the same rights of property.^ (2) Participation; complicity.

1 See Constitution, A.-t.

I, sec.

6. • 1 Bl. Com. 16-1. ' Pri'v-y. 'L.priva Cus, apart: privus, single. «.3 Bl. Com. 377; 5 ?hila. 124; 6 id. 530. s 1 Greenl.

Ev. § If i). As to privies in estate, see May refer to some fault or neglect in which one personally participates; as, in the expression, "loss occasioned without the privity " of another vessel. * Privity of contract. Something on which an obligation, an engagement, a promise can be implied.2 No action lies where there is no privity of contract. Thus, B cannot maintain an action against C, where A. who is under a contract to sell an article to B, is induced by C to sell to C himself." The holder of a bill or check cannot sue the bank for refusing payment, in the absence of proof that the bill was accepted by the bank or cliarged against the drawer.* When one suffers loss from the negligence of another, and there is neither fraud or collusion nor privity of contract, the person causing the loss is not liable therefor, unless the act is one immediately dangerous to the lives of others, or is an act not performed in pursuance of a legal duty.' The rule undoubtedly is that a person cannot be affected by any evidence, decree, or judgment to which he was not actually, or in consideration of law, a privy. This rule has been departed from so that wherever i-eputation would be admissible evidence, there a verdict between strangers, in a former action, is also evidence; as, in cases of public rights of way, immemorial customs, disputed boundaries, and pedigrees.* A party claiming through another is estopped by that which is established as to that other respecting the same subject-matter.' The ground upon which persons standing in this relation to a litigating party are bound by the proceedings is, that they are identified with him in interest; and whenever this identity is found to exist, all are alike concluded.^ See Adjudication, Former. Because they are identified in interest, the admission of one privy binds his fellows." See Res, Inter alios.