Cleary v. Fogg

This action was commenced in equity by plaintiff, an attorney, to recover compensation for services rendered. The defendant Fogg is designated as the real party in interest, whereas, according to respondent, the Roosevelt Hotel, Inc., is the “ stakeholder ” of “ the fund and the security out of which, and only out of which, the attorney’s fee is payable under a partly oral and partly written agreement between the attorney and the client.” It would serve no useful purpose to recite in detail the several allegations which are contained in the voluminous complaint which covers twenty-three pages…