This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
A contract to aid an insurrection against a friendly state is invalid.1 A contract to lend money to be used in aiding Texas in her war of independence with Mexico, before the United States had recognized the independence of Texas, was held invalid.2
A contract to sell and deliver contraband of war is not illegal,3 although such goods may be seized under proper circumstances by the belligerent nation at war with the nation to which they are consigned.4
A contract for sailing to a port, the blockade of which has been declared by an alien government, is not illegal in the ordinary sense of the term.5 A contract to carry goods to or from a port which is blockaded, is not rendered invalid by the fact that the port was blockaded when the contract was made, if the parties to the contract knew such fact.6
1 Kennett v. Chambers, 55 U. S. (14 How.) 38, 14 L. ed. 316.
2 Kennett v. Chambers, 55 U. S. (14 How.) 38, 14 L. ed. 316.
3 Northern Pacific Railway Co. v. American Trading Co., 195 U. S. 439, 49 L. ed. 269.
4 Northern Pacific Railway Co. v. American Trading Co., 195 U. S. 439, 49 L. ed. 269.
5 Medeiros v. Hill, 8 Bing. 231 (at least if no premeditated intent of breaking the blockade is shown).
6 Medeiros v. Hill, 8 Bing. 231.
For the effect of liability to seizure as breaking blockade or carrying contraband upon contracts entered into with contemplation of war, see Sec. 2763.