by John Marshall Harlan, Mitchell v. First National Bank of Chicago…
“ Suppose that the laws of some state should provide that infants might attain their majority and become capable of contracting at the age of eighteen years, could it be held that a minor eighteen years old in Connecticut could, by mailing a contract to that state, subject his property in Connecticut to execution against the will of his guardian and against the determination of the legislature and courts of Connecticut? ”
by John Marshall Harlan, Mitchell v. First National Bank of Chicago…
“ If it were true that the question was in whole or in part one of general law, the thing adjudged by the state court, when properly brought to the attention of the circuit court, would still be conclusive between the same parties or their privies. Whatever may be the nature of a question presented for judicial determination,-whether depending on Federal, general, or local law,-if it be embraced by the issues made, its determination by a court having jurisdiction of the parties and of the subject-matter binds the parties and their privies so long as the judgment remains unmodified or unreversed. ”
by John Marshall Harlan, Mitchell v. First National Bank of Chicago…
“ No such contract was ever executed by Mrs. Mitchell.'The claim in favor of the First National Bank of Chicago, which has been allowed by the commissioners on her estate, was founded on a debt due from a mercantile firm in Illinois of which her husband was a member, for which she had assumed to make herself responsible, as guarantor, by a writing dated in Illinois, but signed in this state. . . . He [the husband] sent the paper, as soon as it was completed, not to the bank, but to another of the principals. If he represented anyone but himself, it was his copartners. ”
