Bulstrode neal plaintiff against SHEFFILL defendant neal plaintiff against  Sheffill defendant a action of debt upon a obligation enter Tr James b r rot  Cr Yel Brownl in a action of debt upon a obligation upon oyer demand of the  bind and of the condition it appear to be this that if the defendant shall pay  such a sum of money unto the plaintiff on the birth day of the first child of  the obligee that their the obligation shall be void the plaintiff to entitle  himself to have the action set forth in his declaration that the child be bear  the money not pay and for this cause the action be bring the defendant plead  in bar that after the bind enter into and before the birth of the child the  plaintiff accept of the defendant one load of lime in full satisfaction of the  say debt and in full discharge speech script obligation and upon this plea the  plaintiff demurrer in law and the defendant join in the demurrer and whether  this plea as the same be plead be good in law or not be the question upon  which plea the only point insist upon be whether this acceptance of the say  load of lime before the birth of the child by the plaintiff of the defendant  in satisfaction of the debt be a good and a sufficient discharge of the debt  in law or not it be argue for the defendant that this acceptance of the load  of lime before the birth of the child shall be a good discharge of the debt  and to this purpose be cite the book of h fol in a action of debt for payment  of money at a day to come and before the time he accept of some other thing in  full satisfaction of the debt this shall bar he of his action be it either by  payment acquittance or by acceptance of that which amount to as much as a  payment be a acceptance in full satisfaction this will be good as appear by  coke pa fol a in Pinnels case and by h dyer fol where the condition of a bind  be collateral there the acceptance of another thing in satisfaction be no good  bar but contrary it be where the condition be to pay money Yelverton at the  bar that this acceptance of the load of lime before the child bear be no  discharge of the debt or any satisfaction at all for the same for that the  same be do after the bind enter into and before the birth of the child and so  the same do before any debt do grow due for that no debt here grow due until  the birth of the child Fenner justice this acceptance can be no satisfaction  because that no debt be due at this time Yelverton justice in case of a bind  for to pay money at a time to come the same be a debt and a duty present but  not demandable till the day or the time here of the birth of the child the  same be a duty present but the time of payment may be defer but  notwithstanding this the same remain a debt and a duty present as if one be  bind by bind condition for to pay money when I S shall come from beyond sea  this be a debt and duty present but the payment thereof only defer for a time  and that by Bulstrode er p the express word of the condition but this do not  alter the debt it still continue to be a debt and a duty present upon his  enter into the bind here in this case the defendant plead the acceptance of  this load of lime for to be in plenem penalty speech scri ti obligation this  can be a discharge of a obligation by word but by write be may well have plead  this acceptance of the load of lime by the plaintiff in full satisfaction and  discharge of the sum of money mention and contain in the condition of the bind  and this have be good but then he ought to have plead it so and that this be  accept of by the plaintiff in full satisfaction and discharge of the sum of  money in the condition of the bohd mention to be pay but not to have plead as  it be do in this case videlicet that the acceptance of this load of lime be in  discharge speech scribe obligation which be too short and no good plead and so  for this cause the plea in bar be not good and the plaintiff have good cause  to demurrer in law unto it and so the demurrer good and the plaintiff have  good cause to recover his debt croak justice of the same opinion the plea here  in bar be not good it be very clear Bulstrode that this be a debt and a duty  present though not to be pay till a certain time to come and this appear to be  so by Littleton in his chapter of release foe plan and and coke page fol and  in Edward althams case it be debt is owed present and may well before the time  of payment be discharge by a release Fenner justice the plea here of the  defendant be not good for that it be no debt till the child be bear William  justice the bind by the obligation here make a debt and duty present and the  payment mention to be make in the condition of the bind this be not perform  here by matter in fact by payment of the money but by the acceptance of a load  of lime plead to be in satisfaction and discharge speech scribe obligation  this be not good but if he have plead that this have be deliver and accept of  by the plaintiff in full satisfaction and discharge of the sum of money  mention to be pay in the condition of the bind this have be then a good plea  in bar but not as it be here plead curian all agree with he herein that this  plea in bar as it be here plead be not good to bar the plaintiff of his action  and therefore by the rule of the court judgement be enter for the plaintiff