Hey, Recr. v. Cummer

OPINION

By HURD, J:

This action in equity to declare a trust ex maleficio for accounting and equitable relief, is here on appeal on questions of law from a judgment rendered by the Common Pleas Court of Cuyahoga County, in favor of plaintiff-appellee in the total sum of $510,318.05 with interest at six percent from December 29, 1948. The judgment is made up of two principal items, viz., the sum of $150,000.00 with interest at six percent from September 5, 1925, to the date of the judgment, and the sum of $70,303.23, found by the trial court to be secret commissions and profits collected by the…