LODGE MEMBERS' RIGHTS.

Taranaki Daily News, Volume LII, Issue 190, 23 September 1909, Page 2

LODGE MEMBERS' RIGHTS.

AN IMPORTANT DECISION. by Telegraph,—Prm Association. Nelson, Last Night. A decision of importance to friendly societies was' given by Mr. J. S. Evans, S.M., to-day in the case Palmer v. Papps. Plaintiff is a member and defendant secretary of an Oddfellows lodge, and the claim was for X 52 10s, medical expenses incurred by plaintiff tmuu 0 .. tlie refusal of tlie lodge surgeon to attend him in an illness, an outside doctor naving to be called in. Plaintiff contended that under the rules the 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 the 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 was not responsible for his' refusal to attend a member. The Magistrate held that the court had jurisdiction. The plaintiff, as a member of the lodge, was a party to the contract with the surgeon, and his Worship could not find a principle or authority giving one out of a. number of t«mtiM!ling parties the right to sue his co-contract-ors for 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.