Zinke-Smith, Inc. v. Marlowe

MEMORANDUM AND ORDER

In its prayer for relief in this debt action, plaintiff seeks, among other things, the appointment of a receiver for the defendant corporation to collect and conserve its assets “for the benefit of the creditors of the defendant corporation and the general public.”

Although there is, in this record, some evidence that suggests mismanagement of the defendant corporation by the principal individual defendant, and notwithstanding the fact that on the evidence thus far adduced the corporation is apparently in financial difficulty, I nonetheless conclude that the application for…