I 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.
Judgment reversed, new trial granted, cost? to abide event. Referee discharged.