Snyder v. Snyder

The question is whether a plaintiff who has given an undertaking upon securing an injunction, but has not joined in it with the surety, can be held liable upon it. This arises on a motion for judgment on the pleadings.

At common law there was no liability of the party securing the injunction, though it was erroneously granted, unless it was obtained maliciously and then the action was. one for malicious prosecution. Harrison v. Hind & H. Plush Co., 128 App. Div. 460; City of Yonkers v. Federal Sugar R. Co., 221 N. Y. 206, 208. And the rule is the same now in this state except as modified by…