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Morrison v. Morrison

11 N.Y. Sup. Ct. 410 Court N.Y. Sup. Ct. English

Delivered by Mullin, P. J.

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p. 410
JAMES MORRISON and another, Appellants, v. ALEXANDER MORRISON and another, Respondents.

Headnote

Mortgage—waiver of conditions of, for' support and maintenance.
Where a mortgage is given conditioned for the support and maintenance of the mortgagee, and for the payment to him 'of a certain sum, weekly, a refusal oh his part to receive such sum is a waiver of the condition, and the mortgagor is thereby discharged from performing the same. (Young v. Hunter, 6 N. Y., 204 ; Holmes v. Holmes, 9 id., 527; Carman v. Pultz, 21 id., 547.)
In an action brought to foreclose a" mortgage conditioned for the support of the mortgagee, no relief can be granted for a neglect to support after the commencement of the action. (Ferguson v. Ferguson, 2 N. Y., 360 .)
Appeal from a judgment entered upon the report of a referee.
John Van Voorhis, for the appellants.
P. M. Crandall, for the respondents.
p. 411
Opinion by

Judgment reversed and new trial granted, costs to abide the event.