Edmisten v. Smith & Co.

July 12, 1915, the Emporium Stores Company, a Colorado corporation, was indebted to defendant in error for goods, wares and merchandise purchased between June 24 and December 18, 1914. The corporation failed to file the annual report required by chapter 102, page 254, Laws 1911, within 60 days next after January 1, 1915, but did file such report April 8, 1915. This suit, commenced July 12, 1915, is based upon the statute to enforce against Edmisten the collection of the debt, he being a director of the corporation.

*2It is claimed, inasmuch as no default existed when the indebtedness was…