Milner, Wood & Wren v. Patton
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. James S. Clark. This action was brought by the appellants, suing as partners, against Robert M. Patton, to recover the price of goods, wares, and merchandise, sold and delivered by the plaintiffs to the defendant, in October, 1861. The complaint contained only the common counts.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. James S. Clark. This action was brought by the appellants, suing as partners, against Robert M. Patton, to recover the price of goods, wares, and merchandise, sold and delivered by the plaintiffs to the defendant, in October, 1861. The complaint contained only the common counts. The defendant pleaded the general issue, and a special plea, averring that the goods were purchased by him for the purpose of furnishing uniforms and clothing to the soldiers engaged in the military service of the Confederate States, and were so used,…
1Opinion of the CourtBrickell, J.
— All contracts, hostile to, or violative of the Constitution or laws, or of the public policy as defined and declared by them, of the United States, are invalid. Patton v. Gilmer, 42 Ala. 548; Shepherd v. Reese, Ib. 329. The locality of the making of the contract is not material in the operation of this principle, if enforcement is sought in a court having for its supreme law the Constitution of the United States. If the contract is made without the jurisdiction of the United States, its enforcement within that jurisdiction is matter of comity, not of right. It is undoubtedly true that a…
2Cases cited4 opinions
- Hanauer v. DoaneSupreme Court of the United States · 1871
- Patton v. GilmerSupreme Court of Alabama · 1868
- Steadman v. SteadmanSupreme Court of Alabama · 1868
- Thedford v. McClintockSupreme Court of Alabama · 1872
3Cited by7 opinions
- Speed v. CockeSupreme Court of Alabama · 1876
- Anheuser-Busch Brewing Ass'n v. MasonSupreme Court of Minnesota · 1890
- Standard Furniture Co. v. Van AlstineWashington Supreme Court · 1900
- Tompkins v. ComptonSupreme Court of Georgia · 1893
- Ashford v. MaceSupreme Court of Arkansas · 1912
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