First National Bank v. Caro Construction Co.

The opinion of the court was delivered by

Owsley, J.:

This is an appeal from a money judgment in favor of plaintiff First National Bank of Denver against defendant Betty T. Caro, based on her execution of a personal guaranty agreement. The Caro Construction Co., Inc., and Nicholas Caro, former husband of Betty T. Caro, also defendants, were judgment debtors in the same amount, but neither appealed.

The principal issue on appeal is whether Nicholas Caro was the agent of the bank to the extent that the bank was charged with misrepresentation made by him to Betty T. Caro in procuring her signature…