LODGE SECRETARY SUED.

Dominion, Volume 2, Issue 619, 23 September 1909, Page 6

LODGE SECRETARY SUED.

V ; -:■ i : AN INTERESTING.(3 ASE.; : :•'•J: '.:': illy TclcffraiiU.-I'rcsi As»(iciallqa:l , ■ ';.'• v:: .'-'■•'•.■'-! Nelson, September 22. A decision of importance to'friendly socie» tics was given by Mr. J. S; Evans,">S.M.,- today; in a case, Palmer v. Papps. Plaintiff is a member, and defendant secretary of an OddfcV lowsVLodgo, and the claim was, for £52 lO.v for medical expenses incurred■ by plaintiff -.-. through thVrofusal : of. tlio ■ lodgo. surgeon to attend him' m .on illness, an -outsido doctor having io bo" called • in.■ .V Plaintiff, contended that under tho rules the- lodge was bound to .> 6upply him' with medicine and medical attendance, and was : liablo for tho refusal of tho- : surgeon, its servant, to attend him. Defendant . contended that the, Court had uo. jurisdiction, as tho dispute "should havo been- referred to : arbitratiori under' tho Friendly : Societies Act i that the lodge had done all'it was bound to 1 do . by appointing a surgeon; and' that, it was \ not responsible, for his refusal', to attend a . member. Tho nmgistratp hold that thoCourt imd.juris.. ' diction. ..Plaintiff, as ; « .member of tho lodge, was a parly to a contract with the surgeon, . and his '.Worship could' not find principle .01 authority, for giving one out.of.c,number of coulraoling parties the right to sue his eo. contractors. Tho lodge had fulfilled its obligation by tho. appointment of a qualified sur, goon, aiid .plaintiff's remedy was through ami ;•- not-apainsUtho lodge.- Judgment was given fo) . defendant. Security wa9 fixed for appeal. '