Then- you suppose the words payment of money, in the act, to relate to the condition of the bond?

Wickham, yes.

The judgment must be reversed; because “the bond on which the suit is brought, not being for the payment of money or tobacco, but with a condition for performance of covenants, was not, by law, assignable at the time the suit was commenced; which was, therefore, not maintainable by the assignee. ”

Judgment reversed, with costs; and judgment entered for the defendant.*