Shapiro v. Equitable Life Assurance Society of United States
New York Court of Appeals
Shapiro v. Equitable Life Assurance Society of United States, 61 N.E.2d 745 (N.Y. 1945)
294 N.Y. 743; 1945 N.Y. LEXIS 943
Shapiro v. Equitable Life Assurance Society of United States
Opinion of the Court
Order affirmed, with costs. Question certified answered in the negative. No opinion.
Concur: Lehman, Ch. J., Loughran, Desmond and Thacher, JJ. Lewis and Conway, JJ., dissent on the ground that the plaintiff who was serving a life sentence was “ civilly dead ” and did not have the legal capacity to sue. (Penal Law, § 511; Matter of Pallas, 291 N. Y. 692; Matter of Lindewall, 287 N. Y. 347; Green v. State of New York, 278 N. Y. 15; Avery v. Everett, 110 N. Y. 317.) Taking no part: Dye, J.
Reference
- Full Case Name
- Joseph Shapiro, Respondent, v. Equitable Life Assurance Society of the United States, Appellant
- Cited By
- 6 cases
- Status
- Published