¶1 It is unnecessary to cite here the several recent cases in this court, in which the subject of illegal considerations has been discussed. A part of the consideration of the notes sued on, was that the defendants would take the place of the plaintiff, in his contract with the Confederate States, to carry the mail, and perform that service. The plaintiff alleges that the agreement of the defendants in that respect did not at all affect the amount of the notes sued on, which was fixed entirely by the value of the property sold; that as mail contractors were exempt from military service, it was easy to find'persons who would carry the mail without other compensation. But it is impossible not to see that the agreement by the defendants to carry the mail entered as an inseparable element 'into the consideration, and affected, in one way or another, the price which the defendants agreed to pay. We think, therefore, the contract sued on is void.
¶2*266 But it does not follow that the plaintiff is obliged to lose the property which he sold to the defendants, or that they, being m pcwi delicto with the plaintiff, can retain it without compensation to him. The law is not so unjust. The whole transaction, being for an illegal purpose, is void, and the plaintiff has his remedy to recover the property or damages for its conversion.
¶3 Per Curiam. Vemre de novo.