Markovitz v. Markovitz

Opinion by

Mr. Justice Barnes,

The plaintiffs as minority shareholders in Markovitz Brothers, Inc., instituted this proceeding to recover for the benefit of the corporation from its president and treasurer the sum of $6,100, which is alleged to have been wrongfully diverted from the corporation’s treasury. The defendants assert that the money was used to pay what was in reality a debt of the corporation. The bill averred that the officers of the company refused to bring suit on its behalf to compel restitution of the amount claimed to have been misapplied, whereupon this action by plaintiff…