Schmitt v. McMillan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clarence McMillan, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of May, 1916, denying his motion for judgment on the pleadings consisting of a complaint and answer.
1Opinion of the Court
McLaughlin, J.:
Action by a client against an attorney to recover $2,400 damages alleged to have been sustained by reason of the negligence of the attorney in failing to prosecute diligently a claim against a corporation which subsequently became insolvent.
The complaint alleges, in substance, that the plaintiff in June, 1910, retained the defendant as her attorney to prosecute an action on her behalf against the Rainier Motor Truck Company to recover $2,400 “due from the said Company to this plaintiff” and that defendant undertook to prosecute “the said action ” diligently; that the motor…
2Cases cited3 opinions
- Vooth v. . McEachenNew York Court of Appeals · 1905
- Tate v. American Woolen Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Lamprecht v. BienAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by18 opinions
- Beeck v. Aquaslide 'N' Dive Corp.Supreme Court of Iowa · 1984
- Harding v. BellOregon Supreme Court · 1973
- Parker Chapin Flattau & Klimpl v. Daelen Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Pickens, Barnes & Abernathy v. HeasleySupreme Court of Iowa · 1983
- Lindenman v. KreitzerAppellate Division of the Supreme Court of the State of New York · 2004
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