Denver Suburban Homes & Water Co. v. Fugate

Action on promissory note; defense, failure of consideration.

In 1913 the Western Motor Car Company was a corporation doing business in Denver. Defendant in error, Fugate, plaintiff below, and his wife, held all the stock of the motor company except one share which was in the name of one Dr. Lee, merely to qualify him as a director. Fugate was the manager of the company, had entire charge of its affairs, and in fact was simply doing business under the name of a corporation.

Plaintiff in error, The Denver Suburban Homes and Water Company, being engaged in buying, selling and handling real…