Penhall v. Minnesota State Medical Ass'n
Supreme Court of Minnesota
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…
1DissentHallam, J.
(dissenting.)
I dissent. It appears to me plaintiff has neither pleaded nor proved a cause of action. He was sued in malpractice and his claim is that defendant was, under its by-laws, obliged to defray the defense of the suit. I agree that the obligation devolved upon defendant’s council to investigate the claim made against plaintiff and to adjust it if possible, and, otherwise, to defend the suit if it was unjust or the damages demanded were excessive. I' agree to the further proposition that the council could not dispose of the rights conferred upon mere caprice or arbitrary discretion.…
2Cases cited5 opinions
- Russell v. . AllertonNew York Court of Appeals · 1888
- Bowery National Bank v. Mayor of New YorkNew York Court of Appeals · 1875
- Hoffman v. Michigan Home & Hospital Ass'nMichigan Supreme Court · 1901
- Finn v. Modern Brotherhood of AmericaSupreme Court of Minnesota · 1912
- Knutzen v. National Live Stock InsuranceSupreme Court of Minnesota · 1909