Naspo v. Summit Sweets Shoppe

THE COURT. Counsel for the defendant applies to the court for a dismissal of the bill of complaint, basing his application upon the opinion of the court of errors and appeals in theAchtel-Stetter Case, recently decided. Counsel for the defendant concedes the insolvency of the defendant corporation. He relies upon the affidavits now filed in behalf of the defendant as indicative that even though the defendant is clearly insolvent nevertheless the defendant has no assets over and above liabilities which would warrant the court in appointing a receiver. In my judgment the Achtel-Stetter Case is…