Schroeder v. Weinstein

The trial court sitting without a jury entered judgment in favor of appellees, the Weinsteins, against appellants, the Schroe-ders, in the amount of some $41,000 plus interest. We vacate the judgment and remand the case for further proceedings.

The gravamen of the complaint filed by the Weinsteins in 1984 was that the Schroe-ders, as directors of a corporation, D.H.S., Inc., (“DHS”) improperly dissolved DHS by unlawfully distributing all its assets without making adequate provision for payment of a promissory note assumed by DHS and drawn to the benefit of the predecessor in interest of the…