47 N.Y. Sup. Ct. 418
Decided May 15, 1886
New York Supreme Court · decided 1886-05-15
Tbis case came before tbe General Term upon tbe judgment-roll and without tbe evidence. Tbe referee reported as follows: First. That prior to and on and for some time after August 27, 1877, tbe plaintiff and defendant lived together as husband and wife at South Pownal, Vermont. Second. That while so living together tbe plaintiff was called by tbe defendant Annie Brown. Third.
Decided 1886-05-15
¶1I concur in tbis result on tbe ground that the defendant, by taking away plaintiff’s property by force, committed a tort (trespass or trover) for which he became liable. He remains liable still; and the amount collected by him being the amount of the indebtedness expressed in the book, is the measure of the damages to which she is entitled.
¶2Judgment reversed, new trial granted, cost? to abide event. Referee discharged.