Clutterbuck v. Chaffers At Nisi Prius, coram Lord Ellenborough, C. J., December 14, 1816. Reported in 1 Starkie, 471

Chapter VI. Defamation

This was an action for the publication of a libel.

The witness who was called to prove the publication of the libel (which was contained in a letter written by the defendant to the plaintiff) stated on cross-examination that the letter had been delivered to him folded up, but unsealed, and that without reading it, or allowing any other person to read it, he had delivered it to the plaintiff himself, as he had been directed.

Lord Ellenborough held that this did not amount to a publication which would support an action, although it would have sustained an indictment, since a publication to the party himself tends to a breach of the peace.

Verdict for the defendant.