Britton v. Gannon

285 P.2d 407, cert. denied, 350 U.S. 886 (1955)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Gannon (P) sued Britton (D) on a foreign judgment rendered in favor of P for $18,000 in Illinois. D answered that P was only a nominal party and that the real party in interest, Spike, the brother of P advised D that he was filing a suit to recover personal property owned by him and D and that P was a necessary defendant but that no judgment would be taken against P. P made no effort to defend the Illinois suit and discovered the judgment when P sued in this instance. P proved his claim and D was not permitted to defend with the extrinsic fraud evidence. Judgment was given P. D appealed.