Poindexter v. . Davis

67 N.C. 112

• Court: Supreme Court of North Carolina
• Decided: June 5, 1872
• Status: Published

Opinion

Readf, J.

In the frequent decisions which we have made, to the effect that we will not enforce contracts which were in aid of the rebellion, we are not to be understood as approving of, or aiding the party who attempts to evade his undertaking with his pariiceps crimims. Nor would we lie understood as being favorably impressed by the complacency with which their defences are frequently made, as if they supposed that, whatever crime there might be in a breach of public faith, it is abundantly atoned tor by a breach of private faith ! Bnt, looking beyond these questions of casuistry, our position is, that, sitting as a Court, we cannot enforce compliance with a trams action, which had for its end and aim the destruction of the Governmeiit, whose Constitution and laws we have to administer.

The facts in this case are, that the county had contracted a debt to equip soldiers in the Confederate service, and then contracted this debt to pay that off. The first transaction was clearly in aid of the rebellion, and, for that reason, illegal. Rut how did it aid the rebellion to pay that debt off? The mischief had been done, and the money borrowed of the plaintiff put not a soldier in the field. It was argued that it kept up the credit of the country and, in that way, aided the rebellion. How did it keep up the credit of the county to make one debt pay another? The argument is a refinement, and the illegality is too remote.

The same question ivas before hs at last term. Kingsbury v. Suit, 66 N. C. R. 601.

There is no error.

Per Curiam. Judgment affirmed.