Purdon v. Carrington ( 1877 )

By the Court.

A mortgage given to secure the payment of a promissory note is not a “written instrument for the payment of money only,” within the meaning of ■section 118 of the code. And a cause of action, in a pleading, founded upon such mortgage, can not be verified by an agent or attorney of the party, on the ground that such instrument is in his possession.

Motion overruled.