Legal Opinion

Fawcett v. Charles

New York Supreme Court

Decided May 15, 1835PublishedCited by 6 opinions

This was an action for a libel, tried at the Allegany circuit, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff was admitted a member of Allegany County MedicalSociety,in¥ehxnoxy,lS^l,onthepxoánetionofa.diploma,issued by the Royal CollegeofSurgeonsoffhecity ofEdinburgh, stating that he was qualified to practice surgery.

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This was an action for a libel, tried at the Allegany circuit, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff was admitted a member of Allegany County MedicalSociety,in¥ehxnoxy,lS^l,onthepxoánetionofa.diploma,issued by the Royal CollegeofSurgeonsoffhecity ofEdinburgh, stating that he was qualified to practice surgery. In the autumn of that year, the defendant, a practising physician of Allegany", stated to a member of that society, that he had just ascertained that the plaintiff’s diploma did not authorize him to practice physic and surgery ; that by the laws of…

1Opinion of the Court

By the court,

Nelson, J.

The act of 1813, 3 R. S. 304, created the several medical societies formed in the counties of this state bodies corporate, by the names of the medical society of the county where such societies were formed, and by that name were made capable of suing and being sued, plead- ■ ing and being impleaded, &c. and allowed to each a common seal. They are authorized to hold real and personal estate ; to examine students for admission to practice; to grant diplomas ; to make by-laws and regulations relative to the affairs, *476and property of the society; and to the admission and…

2Cited by6 opinions

  1. People ex rel. Gray v. Medical Society of the County of ErieNew York Supreme Court · 1857
  2. Matter of KochNew York Court of Appeals · 1931
  3. Attorney General v. StrattonMassachusetts Supreme Judicial Court · 1907
  4. Ewald v. Medical Society of the County of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
  5. Spurlock v. Lombard Investment Co.Missouri Court of Appeals · 1894

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