Charles P. Currie and Others, Appellants v. Cumberland G. White, Respondent

Summary

The New York Court of Appeals reversed the lower court's dismissal and ordered a new trial on the plaintiff's claim for the original 1,000 shares of Hudson River Railroad stock and the accrued dividends, holding that the plaintiff's offer to pay was sufficient and that a tender of money was not required; the dissenting judges argued that the plaintiff was not ready to pay and that no breach occurred, and therefore the dismissal should stand.