Orto Theatres Corp. v. Newins

The plaintiff Orto is a corporation. It sues (among others) one Newins, a stockholder and formerly an officer and director of Orto. The action is for an accounting, for a money judgment for funds allegedly wrongfully diverted, *415disbursed and converted by the defendant to his own use, and to compel delivery to the plaintiff of certain corporate books and records in the defendant’s possession. In his answer, the defendant counterclaims against the plaintiff Orto, along with one Grant, another stockholder and director of Orto. This is a motion by the impleaded defendant Grant to dismiss the…