David Josiah Brewer

“ The court distinctly ruled, as matter of law, that the defendants were not entitled to credit for the moneys deposited in the Third National Bank to the credit of the Albion Bank, and submitted no question to the jury in respect thereof. The principle upon which the court acted is thus stated by counsel for plaintiff in his brief:
'It is settled by abundant authority that, where one has taken the property of another, damages are not mitigated by showing merely that the wrongdoer returned to property without the consent of the owner or applied it upon the owner's debts. ”

“ It is not unjust or unreasonable to compel the defendants to restore such of the funds of the bank as they received, when they are unable to prove that the bank was not directly or ultimately a loser in consequence of their acts. ”

“ The Albion Bank was at that time managed by Warner, he being the cashier. There was a bookkeeper in constant attendance, the president occasionally present, and five directors to supervise; but the active man was Warner, who was also the real manager of the Burrows estate, which owned substantially all the stock. The monthly reports from the Third National Bank, when opened at all, were apparently opened by Warner alone. ”