Lyle v. Clason
New York Supreme Court
This was an action on the case for writing and publishing a libel. The first count of the declaration, after alleging that the defendant “ wrote and published, or caused to be written and published," a certain libel, proceeded thus: “ Which same libel, in the form and manner of a letter subscribed by the said Isaac Clason, on the-day of-, was-wrong fully, falsely and maliciously sent, and caused to be sent, by the said Isaac Clason to the said Robert Lyle, at, &c. and the…
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This was an action on the case for writing and publishing a libel. The first count of the declaration, after alleging that the defendant “ wrote and published, or caused to be written and published," a certain libel, proceeded thus: “ Which same libel, in the form and manner of a letter subscribed by the said Isaac Clason, on the-day of-, was-wrong fully, falsely and maliciously sent, and caused to be sent, by the said Isaac Clason to the said Robert Lyle, at, &c. and the same was, by means of such sending thereof received and read by the said Robert Lyle, and thereby published by the said…
1Per curiam
We agree with the counsel for the defendant, that the first count is to be considered, when taken together, as stating no other publication than the sending a letter sealed up from the one party to the other. A letter is always to be understood as sealed, unless otherwise expressed, and the law is too-well settled to be now shaken, 'that sending a letter is no publication on(b) which to *733ground a private suit.(a) The basis of the action is damages for the injury to character in the opinion of others. This cannot arise but from publication. A criminal prosecution for sending a libellous letter…
2Cases cited1 opinion
- Waistel v. HolmanThe Superior Court of New York City · 1829
3Cited by7 opinions
- Snyder v. AndrewsNew York Supreme Court · 1849
- Cohen v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Bonkowski v. Arlan's Department StoreMichigan Court of Appeals · 1968
- Bretz v. MayerCuyahoga County Common Pleas Court · 1963
- Sheffill v. Van DeusenMassachusetts Supreme Judicial Court · 1859
2 more not listed; retrieve them via the Exa API.