
    Charles D. Boigeol, Plaintiff, v. Harriet M. Eigabroadt et al., Defendants.
    (Supreme Court, Onondaga' Special Term,
    July, 1901.)
    Foreclosure — Election, to accept option to foreclose for unpaid installment, shown by action brought.
    Where the mortgagee is given by a mortgage an option to foreclose it upon a failure of the mortgagor for sixty days to pay an installment of principal or interest, the mortgagee’s commencement of an action of foreclosure sufficiently indicates his election in the matter, and his right so to. foreclose is not affected by another clause of the mortgage, relating to taxes and assessments only, under which sixty days “ after demand and notice ” in regard to them must elapse before the whole amount shall become due.
    Actioh to foreclose a mortgage.
    
      Nottingham, Pierce & Elliott, for plaintiff.
    H. & W. Weston, for defendant Duffus.
   Hiscock, J.

The clause in the bond and mortgage involved in this suit, providing for a period of sixty days “ after notice and demand ” before the whole amount conditioned and secured to be paid by the bond and mortgage should become due upon default, relates to default in the payment of taxes and assessments.- This reqirement of notice and demand does not relate or apply to a default in the payment of the principal or interest agreed to be paid by the bond and mortgage. A default in the payment of any such installment for the period of sixty days makes due the entire amount of the principal and interest at the election and option of the mortgagee. Such election and option was manifested by the commencement of this suit, and, in accordance with these views, the plaintiff is entitled to a foreclosure of his mortgage for the full amount.

Judgment for plaintiff.  