New York Court of Appeals

Harmony Against Bingham and Others.

December 5, 185412 N.Y. 99

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the carriers' covenant to deliver goods within a specified time was absolute, that the liquidated‑damages clause was enforceable, and that the plaintiff's payment made under protest was compulsory, not voluntary, allowing recovery of the overcharge.