Miller v. Hepner

This action was commenced on May 21, 1954, by plaintiff O. L. Miller against A. J. Hepner, Lillian Hepner and W. & W. Inc. On March 21, 1956, plaintiff filed an amended complaint, and the defendant A. J. Hepner having died in the meantime, his executrix Lillian Hepner was substituted as a party defendant.

The amended complaint contained two counts. In count 1 it was alleged that A. J. Hepner, as an officer and director of defendant corporation, made unauthorized withdrawals from the corporation as alleged salary. Plaintiff prayed for an accounting. Count 2 was as follows: “1. That sometime…