Bacher v. Hebel

Levinthal, J.,

— Defendant’s statutory demurrer challenges the legal sufficiency of plaintiff’s statement of claim.

Plaintiff alleges the following: That she became ad-ministratrix of the estate of Anna Hofman, deceased, on January 29, 1940; that she employed as counsel William J. Bailen, “and as such, he came into the possession of all the papers of decedent”; that among decedent’s papers were two notes made by defendant to decedent, namely, a judgment note for $2,000 and a promissory note for $1,000; that when Bailen presented these notes to defendant for payment the latter informed him that…