
    JAMES MORRISON and another, Appellants, v. ALEXANDER MORRISON and another, Respondents.
    
      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.
   Opinion by

Mullin, P. J.

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