Burke v. Gahagan

This bill in equity under G. L. (Ter. Ed.) c. 197, § 10, is brought by a creditor against the administrator with the will annexed of the estate of Michael Ruane, an attorney. The plaintiff appealed from a final decree dismissing the bill following the entry of an interlocutory decree sustaining a demurrer to the bill, a summary of the allegations of which follows. The plaintiff engaged Mr. Ruane in two matters, a claim for services and a foreclosure of a mortgage on real estate. On December 23, 1944,_he *69collected $1,400 on the claim for services, and five days later wrote the.plaintiff that…