San Jos&201 Fruit Packing Co. v. Cutting

THE COURT.

The plaintiff, before and after September 19, 1893, was engaged in the business of canning fruit, and of manufacturing metal cans for its own use and for sale, and owned and operated in its business a machine known as the “ Wheaton header,” used for putting heads on cans. At the date named, in a suit against plaintiff then pending, an injunction was issued, restraining plaintiff from using this machine, which injunction continued in force until April 17,1896, when it was dissolved. The defendant here was surety on the injunction bond, and the suit was brought against him for damages…