Re Thorne v. Heard in Appeal.

Lindley L.J. said—"But the money was received by Searle (Trustee's solicitor), not by the defendants (the Trustees). A man cannot be said to return that which he has not got and cannot get."

Smith L.J, said—"A man cannot be said to be party or privy to that in which he has taken no part and of which he knows nothing, and which was committed by another for his own benefit."