Jones v. Flushing National Bank

In an action for an accounting, plaintiffs appeal from a judgment dismissing their complaint at the close of their case, and bring up for review so much of an earlier order, not appealed from separately, as denied their motion to strike from the answer certain denials, a defense and a counterclaim. Judgment reversed on the law and the facts and new trial granted, with costs to appellants to abide the event. Plaintiffs established a case for an accounting on the trial (Toplitz v. Bauer, 161 N. Y. 325, 332; Gillet v. Bank of America, 160 id. 549, 560; Marvin v. Brooks, 94 id. 71, 75, 76; Jordan…