# Clinton v. Porter

> New York Supreme Court · August 15, 1804 · 2 Cai. Cas. 176

URL: https://www.frixlaw.com/law-library/cases/5463357

## Case

- **Full name:** Clinton against Porter
- **Court:** New York Supreme Court
- **Decided:** August 15, 1804
- **Citations:** 2 Cai. Cas. 176
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5463357

## Opinion text

Per Curiam.
Take the effect of your motion with costs. [1]
Motion granted.
Where the oyer varies from the instrument declared on, the defendant may set it forth in his plea and demur, or he may, without setting it forth, plead non est factum, and avail himself of the variance at the trial. Ehle v. Purdy, 6 Wend. 629 . After twelve days demand of oyer by the plaintiff of a release pleaded by the defendant, he may treat the plea as a nullity and onter the defendant’s default. Field v. Goodman, 4 Wend. 214 . A small difference between the oyer of a bond and the declaration is not regarded. Henry v. Brown, 19 J. R. 49. The defendant has the same time to plead after delivery as at the time of demand. Mu'holand v. Van Tine, 8 Cow. 132 ; see Varick v. Bodine, 3 Hill, 444 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5463357. Public record. Not legal advice.