Hayden v. Gold Seal Products Co.

On the authority of Teall v. Roeser (206 App. Div. 371) the plaintiffs are entitled to an examination before trial in order to frame their complaint. The plaintiffs might commence an action in equity for an accounting, or sue for damages, and they are entitled to have the examination in order to determine the form of their action. “ The form of the action to be brought in this case is material, as on it will depend the right of the plaintiff *334to a jury trial.” (Teall v. Roeser, supra, 373.) The case of Flaacke v. Peck (212 App. Div. 883) and other similar cases, in which an examination was…