Weidman v. Ketcham
Court of Appeals of New York
15 N.E.2d 426 (1938)
Ketchum (defendant), an assistant postmaster, wrote a letter accusing Weidman (plaintiff) of stealing apples, and while writing it told the postmaster he was writing to a man who had stolen apples from his orchard, but never mentioned Weidman's name; the postmaster could not see the letter's writing, addressee, or envelope. Weidman sued for libel; a jury found for him, the trial court set the verdict aside and dismissed the complaint, and the appellate court reinstated the verdict, prompting Ketchum's further appeal.
Whether a defamation plaintiff can maintain the action absent publication of the allegedly false statement to a third party who understood both its meaning and to whom it referred.