Supreme Court of Louisiana, 1867

Stewart v. Bosley

Stewart v. Bosley
Supreme Court of Louisiana · Decided August 15, 1867 · Taniaeebko
70 La. Ann. 439

Stewart v. Bosley

Opinion of the Court

TAniAEEBKO, J.

During the late rebellion, one Patterson hired himself to the defendant, Bosley, to take his place as a soldier in the army of the so-called Confederate Government. The price stipulated was thirty-five hundred dollars, to be paid in two annual installments of half that sum *444each, for which two several promissory notes were given, with a surety on each.- The notes were drawn payable to H. J. Patterson or bearer. The plaintiff-became the holder, and brought this suit against the makers. The-defence is, illegality .of consideration, having been given in aid of the rebellion against the Government of the United States.

-- . The .plaintiff obtained judgment in his favor against Bosley, and the latter has appealed.

. - -The notes express upon their face the purpose for which they were executed, and their illegality is patent. - The obligation sought to be enforced is utterly null and void.

. Tt is therefore ordered, adjudged and decreed, that the judgment of the District, Court be annulled, avoided and reversed; it is further ordered that judgment be rendered in favor of the defendant, releasing him from the illegal contract entered into, the. plaintiff and appellee paying costs in both courts.

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