Legal Opinion

Penhall v. Minnesota State Medical Ass'n

Supreme Court of Minnesota

Decided July 10, 1914No. Nos. 18,547—(86)PublishedCited by 1 opinion

Action in the district court for Renville county to recover from defendant association the sum of $631.02, the amount necessarily expended by plaintiff in connection with an action against plaintiff for malpractice. The answer, among other matters, denied any knowledge on the part of defendant concerning the action for malpractice.

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Action in the district court for Renville county to recover from defendant association the sum of $631.02, the amount necessarily expended by plaintiff in connection with an action against plaintiff for malpractice. The answer, among other matters, denied any knowledge on the part of defendant concerning the action for malpractice. The reply alleged the delivery to defendant’s secretary of the summons and complaint as soon as they were served upon plaintiff: The action was tried upon a stipulation of facts before Catlin, •J., who made findings and ordered judgment in favor of defendant. Erom…

1Opinion of the CourtPhilip E. Brown, J.

Appeal by plaintiff from a judgment rendered in defendant’s favor after trial to the court alone, in an action to recover moneys expended by the former for counsel fees, etc., in defending a malpractice suit, the defense of which the former claimed the latter was obligated under its laws to conduct.

The findings here material are unchallenged and as follows: Plaintiff, a physician, was a member of defendant corporation at all times mentioned. Its purpose was, among other things, “to guard and foster the material interests of its members and to protect them against imposition.” On April 1,…

2Cases cited4 opinions

  1. Butler Bros. v. American Fidelity Co.Supreme Court of Minnesota · 1913
  2. Root v. ChildsSupreme Court of Minnesota · 1897
  3. Kelly v. Ancient Order of Hibernians Life Insurance FundSupreme Court of Minnesota · 1911
  4. Gaston v. MaySupreme Court of Minnesota · 1912

3Cited by1 opinion

  1. Olson v. ShephardSupreme Court of Minnesota · 1926

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