SOME LAND-BUYING.

Dominion, Volume 4, Issue 1005, 21 December 1910, Page 3

SOME LAND-BUYING.

GINI ANGELINI AND A FRIEND. ALSO A SYNDICATE. _ Gim Angelirii, an Italian labourer, who is unable to speak or read English, comineneed an action in the Supreme Court yesterday, beforo his Honour the Chief Justice, claiming «£2SS ss. Gd, from Carlo Antico, settler, of Wellington. Angelini alleged that m.July, 1907, the defendant Antico owed him £*100. Antico about that time suggested that he (Angelini) should take a share in a syndicate to purchase about 31 acres of land at Paekakariki. This syndicate comprised Antico, William H. r'ield, and W. B. Hudson. It was proposed that ,£IOO should by applied by Antico in preliminary payment for a quarter share in.the syndicate. Angelini, it was urged, refused to have the j£lw> applied by Antico as above, and tho ■CIGO was sooli after , paid by Antico to him (Angelini). Angelini at no timo authorised Antico to act as his agent or to pledge Jns credit. An action had been subsequently commenced by the vendors cf the land against tho syndicate, and he (Angelini) had been joined as a defendant. Antico, it was alleged, then-as-sured Dim that a mistake had been made, and that lie (Antico) would undertake to have it rectified. He orally requested Aiigelim to leave the conduct of the action to him, and agreed to exonerate and indemnify Angelini against all claims, etc., arising. out of the action if ho did as requested. In the action mentioned judgment had been given against tho syndicate, including Angelini, and he (Angelini) had paid 2s. under the judgment, and was liable for a further sum. Ho therefore claimed that Antico did not, as agreed, release him from liability, and .ho sued to recovei tho «£BO 2s. paid under the judgment, with interest, ,£335 25., balance of accounts between the parties, payment of plaintiff's costs, and such other relief as tho Court deemed plaintiff entitled to.

Iu Ins statement of defence Antico denied that he owed Angelini «£XOO in July, 1907, and urged that Angelini had really purchased a quarter share in the syndicate. He also denied" 1 having given An'gelini nny assurance to'relieve him from liability.in the suit against the syndicate, and claimed that' Angelini was stopped from alleging the matters referred to in his-statement of claim by reason of the judgment obtained by.the'vendors of the land in. the action against the syndicate. .Moreover, if .an assuranco was given (as ..alleged by Angelini) it was a special promise to answer for the debt of another, and tho rcquiremeuts of the Statu to of Fraud had not'been complied with. He (Antico) claimed crcdit for .C 225 3s. paid at Angeliui's request, and said that an account was stated and agreed upon between. Angelini and himself in January, 1010. Ho paid Angelini i£ll2 thereunder, which ho (Angelini) received in full satisfaction of all his claims, and gave a re-: ceipt in-full. - ■ . . Mr. A. H. Hindmarsh appeared for plaintiff Angelini, and Mr." C. P. Skorrett, K.C., and. Mr. Johnston for the defendant Antico. Mr. Hindmarsh admitted certain, items which narrowed tho amount of the claim to .£135. Plaintiff, who gave his evidence through an interpreter, was led through a complicated series of. transactions, and denied ever having .authorised Antico to enter into the Paekakariki deal, nor had he eVer even seen any ; of the members of the syndicato except Antico. " ■ Further hearing was . adjourned.