Britton v. Gannon

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


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.