Waistel v. Holman
The Superior Court of New York City
Demurrer to the first and second counts of the plaintiff’s declaration. The action was for a libel contained in a letter written, addressed, and sent by the plaintiff to the defendant; and the question was, as to the sufficiency of the publication set forth in the declaration.
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Demurrer to the first and second counts of the plaintiff’s declaration. The action was for a libel contained in a letter written, addressed, and sent by the plaintiff to the defendant; and the question was, as to the sufficiency of the publication set forth in the declaration. The first count averred, that the defendant, on the 28th day of September, in the year 1828, at the city and county of New-York, “ did cdmpose, write, and deliver, and cause to be compos- " ed, written, and delivered to the plaintiff a certain false, scanda- " lous, malicious, and defamatory libel of and concerning the…
1Opinion of the Court
Oakley J.
In Lyle v. Clason, (1 Caines’ R. 581,) the Supreme Court decided, that in every action for a libel, a publication of the libellous matter must be averred, that the sending of a sealed letter by the defendant to the plaintiff, is not a publication of the libel, and that any letter sent is to be presumed to have been sealed. The principle of that case is, that when the declaration shows a publication of the libel to the plaintiff only, the action cannot be sustained. The Court say, that the “ basis of the ac- “ tion is damages for the injury to the character, in the opinion of *175“…
2Cited by1 opinion
- Lyle v. ClasonNew York Supreme Court · 1804