Lawler v. Merritt

This is a motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action in libel.

The complaint recites that defendant addressed a note to his wife containing defamatory matter concerning plaintiffs, a reputable firm of attorneys who had been retained by the wife There is no allegation that any person other than the plaintiffs and defendant’s wife saw the note. Defendant contends that a communication from husband to wife is not a publication to a third person, and that consequently the complaint does not state an actionable wrong.

The precise question…