168 A.D. 240 | N.Y. App. Div. | 1915
Order affirmed on the opinion of Bijur, J., at Special Term.
Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
The following is the opinion delivered at Special Term:
The relator, having been held by a magistrate to answer to the Court of Special Sessions, applies for a writ of habeas corpus. He was charged with practicing medicine unlawfully in violation of section 174 of the Public Health Law (Consol. Laws, chap. 45; Laws of 1909, chap. 49). Subdivision 7 of
“ Card for free examination. Medical and surgical office of the Standard Pharmacy Oo., 321-323 Bowery, corner 2d Street, New York,-, 191-.
“To the doctor:
“Please make examination and give medical advice to Bearer, who is now using-and charge same to Standard Pharmacy Oo. Per-. Make no charge to holder of card.” (On the reverse side): “Office hours — Daily, 12:30 to 2; evenings, 5 to 6:30 [and] 8 to 9; Sundays 12 to 2.”
I cannot regard this card as other than an announcement that the Standard Pharmacy Company maintains a medical and surgical office, in charge of its doctor, who gives its patrons examination and medical advice on its behalf. I think that the relator holds himself out under his trade name as being able to diagnose and treat diseases and offers and undertakes to do so. ■ The writ is, therefore, dismissed and relator remanded.
See Membership Corporations Law (Gen. Laws, chap. 43; Laws of 1895, chap. 559), § 80, as amd. by Laws of 1900, chap. 404; now Membership Corporations Law (Consol. Laws, chap. 35; Laws of 1909, chap. 40), § 180. — [Rep.