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UNITED STATES v. LAPENE

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84 U.S. 601 (1873)

17 Wall. 601

21 L.Ed. 693

UNITED STATES, v. LAPÈNE.

Supreme Court of United States.

November 24, 1873.

Attorney(s) appearing for the Case

Mr. S.F. Phillips, Solicitor-General, for the appellant, relied on Griswold v. Waddington,* United States v. Grossmayer,† and Montgomery v. United States.‡

Mr. W.P. Clarke, contra, sought to distinguish the case from the cases mentioned, and relied on United States v. Anderson.§

Mr. Justice HUNT delivered the opinion of the court.

All commercial contracts with the subjects or in the territory of the enemy, whether made directly by one in person, or indirectly through an agent, who is neutral, are illegal and void. This principle is now too well settled to justify discussion.* No property passes and no rights are acquired under such contracts.

In March, 1862, the...

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