Spitz v. Volibar Realty Co.

*528OPINION

By SKEEL, J:

This appeal comes to this Court on questions of law and fact from a decree for the defendants in the Common Pleas Court of Cuyahoga County. The plaintiff’s action was designated “Petition for Accounting, Money Judgment, Injunction, Receiver and Equitable Relief.” The petition alleges that the plaintiff and defendants, Pulliam and Warner, are creditors, stockholders and Unsecured Debenture Note-holders of said corporation (The Volibar Realty Co.). It is alleged that defendants, Pulliam and Warner, have been for many years President and Secretary and Directors of The Volibar…