Cutner v. United States
Supreme Court of the United States
Appeal from the CouVt of Claims; the case as found by that court was thus: Cutner, a loyal citizen of the United States, resident at Savannah, Georgia, one of the States which went into rebellion, was, on the 21st of December, 1864, the owner of thirty bales of cotton. On the day just named Savannah was captured b}' the army of the United States.
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Appeal from the CouVt of Claims; the case as found by that court was thus: Cutner, a loyal citizen of the United States, resident at Savannah, Georgia, one of the States which went into rebellion, was, on the 21st of December, 1864, the owner of thirty bales of cotton. On the day just named Savannah was captured b}' the army of the United States. On the 23d of February,1865, Cutner reported his cotton to the commanding officer, and it was registered-, incompliance with general military orders, by the Treasury agents in his name; and on the 3d of March following taken into the custody of the…
1Opinion of the Court
,Mr. Justice BKADLEY
delivered the opinion of the court.
Intercourse between the inhabitants of the two belligerent sections was still prohibited when this sale was made. It was, therefore, clearly illegal, unless Schiffer & Co. had a license to trade in Savannah, which the case expressly finds they had not. The sale being illegal, the suit cannot be sustained for the benefit of the vendees. It cannot be sustained for Cutner’s own'benefit, because he received the full consideration of the cotton and has no interest- remaining.
Decree affirmed. ,
2Cited by1 opinion
- Cutner v. United StatesSupreme Court of the United States · 1873