Legal Opinion

Fromme v. Union Surety & Guaranty Co.

New York Supreme Court

Decided October 15, 1902Published

Action to enforce an attorney’s lien.

1Opinion of the CourtScott, J.

This is an action to enforce an attorney’s lien. The defendant has answered and the plaintiff demurs to two of the defenses pleaded. The defendant not only undertakes to sustain its answer, but, as it has a right to do, attacks the complaint as not stating facts sufficient to constitute a cause of action. It is well settled that a demurrer to an answer searches the whole record for the first fault in pleading that is defective in substance. Baxter v. McDonnell, 154 N. Y. 432. The plaintiff alleges that he is the survivor of a firm of lawyers who were attorneys for the defendant McDonald in an…

2Cases cited4 opinions

  1. Goodrich v. . McDonaldNew York Court of Appeals · 1889
  2. Baxter v. . McDonnellNew York Court of Appeals · 1897
  3. National Exhibition Co. v. CraneNew York Court of Appeals · 1901
  4. Fischer-Hansen v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901

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