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Loetsch v. New York City Omnibus Corp.

New York Court of Appeals

52 N.E.2d 448 (N.Y. 1943)

Relevant factsFree

After his wife died, Vilmar Loetsch (plaintiff) sued New York City Omnibus Corporation (defendant) for wrongful death, seeking damages for his pecuniary loss from her death. Omnibus sought to introduce his wife's will, written four months before she died, which stated Loetsch had 'reciprocated [his wife's] tender affections for him with acts of cruelty and indifference.' The trial court sustained Loetsch's objection and excluded the will, ruling for Loetsch, and the appellate division affirmed before Omnibus appealed further.

IssueFree

Whether a statement is admissible as non-hearsay when it is indicative of the declarant's state of mind at the time it was made.

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