Von Blumenthal v. Cassola

This is a motion to dismiss a complaint against defendant Cassola pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice. Plaintiff was injured in an automobile accident in May, 1937, and taken to Columbus Hospital for treatment. Defendant Cassola, as physician there, treated him from May to August, 1937. In November, 1937, plaintiff released the one who was responsible for his injuries in the accident for the sum of $2,000. The hospital claimed a lien on the fund, and $370 was withheld on account of this lien, pending disposition of the hospital’s claim, the balance being paid.…