Harmony v. Bingham
New York Court of Appeals
Action of covenant commenced in the superior court of the city of New-York in 1846. The declaration was upon a sealed'instrument executed by the parties, and dated the 25th of March, 1846, by which the defendants, who were therein described as Bingham’s Transportation Line, depot No. 276 Market-street, Philadelphia, covenanted and agreed with the plaintiff, described as of the city of New-York, to carry and transport from the city of New-York to Independence in Missouri, and…
Read the full summary
Action of covenant commenced in the superior court of the city of New-York in 1846. The declaration was upon a sealed'instrument executed by the parties, and dated the 25th of March, 1846, by which the defendants, who were therein described as Bingham’s Transportation Line, depot No. 276 Market-street, Philadelphia, covenanted and agreed with the plaintiff, described as of the city of New-York, to carry and transport from the city of New-York to Independence in Missouri, and there safely deliver within twenty-six days from the first day of April then next, any and all goods which said…
1Opinion of the CourtEdwards, J.
This suit was brought upon a covenant made by the defendants, that they would carry and transport from the city of New-York to Independence in Missouri, and would safely deliver there within twenty-six days from the first day of April then next, any and all goods which the plaintiff might send by their transportation line on or before the said first day of April, at certain prices which were particularly mentioned. This covenant is absolute and unqualified.
It is a well settled rule, that where the law creates a duty or// charge, and the party is disabled from performing it without any default…
2Cases cited7 opinions
- Beebe v. JohnsonNew York Supreme Court · 1838
- Fleetwood v. City of New YorkThe Superior Court of New York City · 1849
- Hand v. BaynesSupreme Court of Pennsylvania · 1839
- Hall v. ShultzNew York Supreme Court · 1809
- Clinton v. StrongNew York Supreme Court · 1812
2 more not listed; retrieve them via the Exa API.