Ryerson v. American Surety Company of New York

This is an appeal from the action of the trial judge in sustaining the defendant’s demurrer to the plaintiff’s declaration. The sole question raised on this appeal is whether the plaintiff’s declaration states a cause of action.

In this declaration, plaintiff alleges that on May 30, 1961, the defendant instituted a civil action against bim; that the action was subsequently terminated in the plaintiff’s favor; that it was brought maliciously and without probable cause; and that as a result of the institution and prosecution of this lawsuit, he has incurred certain expenses and suffered injury…