Kottwitz v. Representatives of Alexander

Citations

• 34 Tex. 689

Syllabus

<p>1. The general principle is fully recognized that if any part of the entire consideration for a promise, or any part of an entire promise, be illegal, whether by statute or at common lay, the whole contract is void; but the illegality must enter into the contract and form part of it.</p> <p>2. An intention of ope of the parties to an ostensibly legal contract, to do an illegal act by means of the contract, will not invalidate the contract as against the other party ; nor, it seems, would mere knowledge By the latter party, of the illegal purpose of the former, be enough to invalidate the contract as to both. The intent sometimes becomes the pivotal . point of civil as well as of criminal causes.</p> <p>3. If it were conceded that the exportation of cotton from Texas to Mexico was illegal during the late civil war, it would not follow that debts contracted for teams and supplies used in such exportation could not be enforced. Nor would mere knowledge by the seller that such was the destined .use of the teams and supplies, debar his recovery by suit. But otherwise, if he did an^aet in aid of the illegal purpose.</p> <p>4. This court knows of no law which was violated by the exportation of cotton from Texas to Mexico during the late civil war. (There is no pretense ot a violation of the blockade in this ease.) The revenue lavs of the United Strtes were not necessarily violated or evaded by such exportation. Legislation was provided by the United States lor the payment of the tax on cotton taken from the insurgent States to loyal ports. (See the opinion in exlenso>on these questions.)</p> <p>5. Plaintiff alleged that in 1864 the defendants were engaged in carrying eotton out ot Texas into Mexico, and became indebted to plaintiff for money loaned them to purchase teams, etc., ior that purpose. By amended petition plaintiff alleged that defendants had a contract with the Military Board of the State of Texas, to bring- in cotton cards with the proceeds of the cotton car