Maddox

This is an action to foreclose a chattel mortgage on the furniture of a lodging-house, to secure the payment of a promissory note, of which the following is a copy: —

The mortgage bears even date with the note, and contains the following provision: “It is also agreed that if the mortgagor shall fail to make any payment as in the said promissory note provided, then the mortgagee may take possession of said property, using all necessary force so to do, and may immediately proceed to sell the same in the manner provided by law, and from the proceeds pay the whole amount in said note specified.”

The note and mortgage were assigned to the plaintiff.

The defendant paid all the installments on the note up to and including that which became due on August 15, 1887, but failed to pay those which became due in September and October. This action was commenced November 11,1887, to foreclose the mortgage for the full amount of the unpaid balance of the note, on the theory that the commencement of the action then was authorized by the provision of the mortgage above quoted, although by the terms of the note only the September and October installments were then due and unpaid.

A judgment of…