Carey v. D. Wolff & Co.

The opinion of the court was delivered by

Swayze, J.

This is an action of tort to recover damages for the wrongful seizure of the plaintiff’s household goods. The declaration counts in trespass. The goods were actually *511seized by constables under writs oí attachment issued at the suit of the corporation, present defendant, against the plaintiff’s husband. It was necessary for the plaintiff, in order to hold the defendant in this form of action, to prove either prior authority from the corporation to the constable to seize the goods of the plaintiff or a subsequent assent with knowledge of the…