Dwight v. Webster

—This action is brought to foreclose a mortgage, containing a clause making the whole principal sum due, in case the interest shall remain unpaid for a certain number of days after it has become due.

The complaint alleges a default in the payment of the interest under this clause.

The answer admits this default, but alleges, as an excuse, that the defendants were unable to find the holder of the mortgage until after the period required for the payment of interest, in order to prevent the whole principal from becoming due, had expired. A judgment by default has been taken at special term, which…