The Sun.
London, England, 1863-07-31 00:00:00

LAW INT.

.11OLLS COURT.
313ROUN T. KENNEDY.-JUDGMENT.

His Honour this morning gave judgment in this cele-
brated case, which has so frequently been before the pub-
lic. In the present case the point was to test the validity
of a certain deed which Mrs. Swynfen had executed in
favour of Mr. Kennedy, her advocate in the famous case
of Swynfen v. Swynfen. The facts of the case being so
generally known it is needless to repeat them ; and in de-
livering judgment his Honour said he could not but come
to the opinion that Mr. Kennedy had obtained such an
influence over Mrs. Swynfen (Mrs. Broun then) that ren-
dered her incapable of resisting anything that Mr. Kennedy
might urge, He could only liken the influence t) that
which a father might possess over his child, or a husband
over his wife, but then, the party having that power, was
nut entitled to exercise it for his own personal benefit. As
the case stood before him, it appeared that on its becoming
known to Mr, Kennedy that Mrs. Swynfen was about to be
married he wrote to the lady, and she, in reply, said she
knew that he (Kennedy) Was t- have the £20,000, but then
he would have to wait some time, to which he urged that
he ought to have some security beyond a verb acknow-
ledgment. Mrs. Swynfen intimated that she had made her
will, and that. th:t Swynfen articles had, subject to some
legacies, been made over to Kennedy, but this it appeared
was not satisfactory to him, and he accordingly sugasted

the property might be made over to him by a deed of gift.
This deed was accordingly drawn out by Mr. Kennedy, and
left with Mrs. Swynfan for perusal, and after the instru-
ment had been in her possession some time, it was signed
by her, but then arose the question, was she not morally so
much in his power as to be unable to resist his demands.
Every letter written about this period showed how
great that influence was, and he was of opinion
that as the father was precluded from exercising that
influence over his child which he might possess, so others
possessing, in fact, a similar power, were entirely precluded
from exercising it for their own benefit. His Honour then
referred to the judgment which had been given in the
Court of Common Pleas when the matter was before that
court, and said there was not one point in the long and
and able judgment which decided the non-liability for
£20,000 with which he did not agree; and certainly if it
could not be supported on the ground of contract it could
not be by moral obligation. He had listened with surprise
to the statements of the learned gentleman when he was
commenting upon the lady for whom he had acted—when
he was talking about holding her up as a mark of scorn and
derision, and he felt pained to say that he could not permit
himself to express his opinion upon such conduct, because it
was evident it was dictated by the most vehement animosity.
In whatever way Mr. Kennedy acted when he first took the
case in hand, whether generosity or friendship, there was no
obligation on the part of his client to reward in any other
than the ordinary way. Mr. Kennedy might have been in-
duced to take up the ease for the honour of distinction, and
he felt he would have arrived at that distinction had it not
been for the ill-advised course he had lately been pursuing.
After some further observations his Honour said he was of
opinion that the deed could not be supported. He then
ordered it to be delivered up to be cancelled, and directed
Mr. Kennedy to pay the costs of the present cause.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE FLOOD.

This bankrupt was described as of Austin-friars and
Lloyds, broker, and this was a meeting for last examination
and discharge.
Mr. C, E. Lewis said that the case was likely to occupy
two or three hours, and under all the circumstances he did
not think the bankrupt would be prejudiced by an adjourn-
ment.
Mr. Sargood, for the assignees, assented, and the case
was adjourned till the 14th of October next.
The debts are stated at £3,137. To creditors holding
security, £1,000; assets, £1,846.

MARKETS—This Day.