case turner against Goodwin to debt on bind condition to pay so much money for  which the obligee have recover judgement against a upon consideration that the  obligee will forbear to sue out execution against a and assign over the  judgement the assignment be not a condition precedent and therefore if t  defendant plead that the obligee have not assign a replication that the  plaintiff be ready to assign be good S c ante S c pale yellow it be agree on  both hand that the question be no more than this who be oblige to do the first  act for if the judgement be to be assign before the payment of the money then  judgement must be for the defendant but if c Salkeld for the defendant say  that these act of pay the money and assign the judgement be alternate act  which can go on level ground step but there must be a priority in law that in  law proper and formal word of condition be not require either in will grant or  contract nor in will a cro Elizabeth roll Rep a nor in grant b   light b as in  the grant of a annuity pro council impendend but the reason assign by coke not  a good one for the true reason be that the law imply modern report a condition  because else there will be no remedy c grey case   c the case chief rely upon  for the defendant be the yearbook of Henry the four d Henry pl d which be debt  upon bind condition that if the defendant resign his live by such a time for a  certain pension to be convey to the parson then c modern report er p reeves  for the plaintiff urge that the word assign the judgement do not make a  condition precedent from the necessary import of the word and to show this  several authority be quote a cro roll t Jones a where this way of expression  be use and yet not hold a condition precedent it be object that the condition  of a bind be always to be take in that sense that be most favourable to the  obligor which be that this shall be a precedent condition this rule be general  true but not always b   vent Henry pl b it be also object that if the money  must be first pay the defendant be without remedy for the judgement but I  answer no for the plaintiff in that case become a trustee to the defendant for  the judgement the assign of the judgement be only a deed to manifest that  trust c but to this it be reply that this be not a remedy in law but in equity  note to the former edition c assign a choose in action be interpret as a  covenant against the assignor d Mod d and therefore if the money be pay and no  judgement assign it be a breach of covenant in case of a mortgage money be  always pay first this assignment must make mention of the money as pay first  since otherwise it will want a good consideration and be void for it will be  maintenance e Leon Noy cro Henry brook maintenance Bulstrode e modern report  to this it be answer that the assignment need not recite the money as pay but  only the bind and the special agreement last this distinction be offer by the  counsel for the plaintiff in answer to several case that if by the agreement  of party two act be to be do and time be limit for the do of one and no time  for the other there if the nature of the thing will bear it that thing be to  be do first for which the time be limit f vent sand Lutw cro sand Lutw f  afterward in next term judgement be give for the plaintiff