Alfred C. Downs brought a case against Joseph Kissam to the Supreme Court of the United States in 1850. The dispute was over a contract between them that involved payment for goods and services provided by Downs, which Kissam had failed to pay in full. In his complaint, Downs argued that he should be awarded damages for breach of contract as well as interest on the unpaid amount due from Kissam. The court ruled in favor of Downs and ordered Kissam to pay him $1,000 plus interest at 6% per annum until paid off completely. This decision set an important precedent regarding contracts and their enforcement under US law; it established that when one party fails to fulfill its contractual obligations, they can be held liable for any resulting losses or damages incurred by another party who has fulfilled theirs faithfully.

Justice McLean delivered the dissenting opinion in Alfred C. Downs v. Joseph Kissam, arguing that the plaintiff had not provided sufficient evidence to prove his case and that he was therefore entitled to a new trial. He argued that there were several discrepancies between the testimony of witnesses for both sides which could have been clarified if more time had been allowed for cross-examination during trial proceedings. Furthermore, Justice McLean noted that some of the documents presented as evidence by both parties were incomplete or inaccurate and thus should not be considered valid proof in court. In conclusion, Justice McLean argued that due process requires all parties involved in a legal dispute to receive fair treatment under law and this did not occur here; thus, he believed it necessary for a new trial with additional time allotted for questioning witnesses so as to ensure justice is served properly according to established laws and regulations.