Fifty-second Street Operating Corp. v. Regus Realty Corp.

At Special Term the complaint in this action for the foreclosure of plaintiff’s second mortgage on premises in the county of New York was dismissed after a trial. This appeal presents a question of law raised by exceptions taken to the decision, under section 616 of the Civil Practice Act.

These findings of fact, relating to the bond and mortgage, were made:

“Sixth. That said bond contained the following provision: ‘ And it is hereby expressly agreed that the whole of the said princi*498pal sum shall become due at the option of said obligee after default in the payment of interest for thirty days,…