FRIENDLY SOCIETY CASE.

Gisborne Times, Volume XXVII, Issue 2615, 24 September 1909, Page 5

FRIENDLY SOCIETY CASE.

AN IMPORTANT DECISION. TPur Pnnss Association.! ' NELSON, Sept. 23. A decision of importance to Friendly Societies was given by Mr. J. S. Evans, S.M., in the ease Palmer v. Papps. Plaintiff is a member and defendant the secretary of an Oddfellows’ Ledge, and the claim was for £52 10s, medical expenses incurred by plaintiff through the refusal of the lodge surgeon to attend him in an illness, an outside doctor having to he called in. Plaintiff contended that under the rules the lodge was bound to supply him with medicine and medical attendance, and was liable for the refusal of the surgeon, its servant, to attend him. Defendant contended that the Court had no jurisdiction, as th©‘ dispute should have been referred to arbitration under the Friendly Societies’ Act, and that the lodge had done all it was bound to do by appointing a surgeon, and that the lodge was not responsible for Ins refusal to attend a member. The Mag- ■ trato held that the Court had jurisdiction. Plaintiff, as a member of the lodge, was a party to the contract with tlie surgeon, and His Worship could not find a principle or! authority .giving one out of a number of contracting parties the right to sue his co-contractors tor the failure of the other party to the contract. The lodge had fulfilled its obligation by the appointment of a qualified surgeon, and plaintiff s remedy was through and not against the lodge. Judgment was given for defendant. Security was fixed for an appeal.