Wilcox v. Moon
Supreme Court of Vermont
Action for libel. Plea, the general issue. Trial by jury at the December term, 1891, Tyler, J., presiding. The plaintiff offered to show that the libel was brought by the husband from the post-office in a sealed envelope addressed to the wife, and was handed by him to his wife unopened; that she broke the seal, and that they read it together, standing side by side. To this evidence the defendant objected for that it did not show a publication.
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Action for libel. Plea, the general issue. Trial by jury at the December term, 1891, Tyler, J., presiding. The plaintiff offered to show that the libel was brought by the husband from the post-office in a sealed envelope addressed to the wife, and was handed by him to his wife unopened; that she broke the seal, and that they read it together, standing side by side. To this evidence the defendant objected for that it did not show a publication. The court ruled that it did, to which the defendant excepted. Thereupon the court withdrew the case from the jury and passed the exception to the…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
When this case was before the court at the February term, 1891, Munson, J., in -the opinion said, “It is true that a communication to the plaintiff wife by a letter so transmitted as not to be seen by others would not be such a publication as would sustain an action.” 63 Vt. 481. To entitle the plaintiff to recover, publication to some third party must be shown, and so, sending a libellous letter to the plaintiff, who received it unopened is no evidence of publication. The gist of the action is the injury tq the plaintiff’s reputation, which…
2Cases cited2 opinions
- Wilcox v. MoonSupreme Court of Vermont · 1891
- Wilcox v. MoonSupreme Court of Vermont · 1889
3Cited by9 opinions
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